Barbados - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    No data available.
    

  • 2.2.1.2 Domestic workers

    Summary/citation: "For the purposes of this Act, the expression:
    “domestic employee” means any person employed for reward for the purpose of performing household duties in a private dwelling-house."

    • Domestic Employees Act (Ch. 344, L.R.O. 1985) (Art. 2)

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: "Subject to subsections (3), (5) and section 4 this Act applies to all workplaces in Barbados."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 3.1)

• 2.4.2 Construction

  Summary/citation: "Subject to subsection (5), any workplace in respect of which work is carried out in a harbour or wet dock in connection with
  (a) the constructing, reconstructing, repairing, refitting, painting, finishing or breaking up of a ship. (...)"
  (Art. 4.a)

  (1) "Subject to subsection (2), any person who undertakes any building operations or works of engineering construction to which this section applies shall, not later than 7 days before the commencement of such operations or works serve notice in writing on the Chief Labour Officer stating:
  (a) the name and postal address of the person who undertakes such operations or works;
  (b) the place and nature of the operations or works that are being carried out;
  (c) whether mechanical or other power is being used and, if so, the nature of that power; and
  (d) any other particulars that the Chief Labour Officer requires.
  (2) Except the Chief Labour Officer otherwise directs, subsection (1) does not apply where:
  (a) a person undertaking the operations or works has reasonable grounds for believing that operations or works will be completed in a period not exceeding one week;
  (b) building operations or works of engineering construction are already in progress at the place where a person proposes to undertake other building operations or works of engineering construction; or
  (c) the building operations or works are of a simple nature and not likely to cause injury to workers.
  (3) The provisions of this Act requiring the keeping of special registers and the posting of copies, or as the case may be, abstracts of this Act or the regulations on premises shall be deemed to be complied with as respects building operations or works of engineering construction where:
  (a) the register is kept at an office of the person undertaking the operations or works; and
  (b) copies or as the case may be, the abstracts of the Act or the regulations are kept posted in each office, yard or shop at which persons employed by him on the operations or works attend, in a position where they can be easily read by those persons.
  (4) No order made pursuant to this Act by a magistrate operates to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of those works or of the persons employed which is set forth in the specification or in any signed plan issued, or written directions given, by the consulting engineer, or the engineer in charge or registered professional."
  (Art. 85)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 4.a and 85)

• 2.4.3 Services

  Summary/citation: "Subject to subsections (3), (5) and section 4 this Act applies to all workplaces in Barbados."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 3.1)

• 2.4.4 Public sector

  Summary/citation: "Without prejudice to the generality of the application of this Act, it is hereby declared that this Act shall apply to persons employed by or under any department of the Government of Barbados other than
  - members of the Police Force or the Barbados Defence Force; or
  - such persons or classes of persons, not being members of the Police Force or the Barbados Defence Force employed by or under any department of the Government of Barbados as may be specified by the Minister by order."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 3.3)

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

• 2.4.5 Other

  Summary/citation: (1) "Subject to subsections (3), (5) and section 4 this Act applies to all workplaces in Barbados.
  (2) Notwithstanding the provisions of any relevant legislation, this Act applies to all seaports and airports.
  (3) Without prejudice to the generality of the application of this Act, it is hereby declared that this Act shall apply to persons employed by or under any department of the Government of Barbados other than
  - members of the Police Force or the Barbados Defence Force; or
  - such persons or classes of persons, not being members of the Police Force or the Barbados Defence Force employed by or under any department of the Government of Barbados as may be specified by the Minister by order.
  (4) Subject to subsection (5), any workplace in respect of which work is carried out in a harbour or wet dock in connection with
  (a) the constructing, reconstructing, repairing, refitting, painting, finishing or breaking up of a ship;
  (b) the scaling, scurfing or cleaning of boilers, including combustion chambers and smoke boxes, in a ship;
  (c) the cleaning of
  - oil-fuel tanks or bilges in a ship,
  - any tank in a ship last used for oil of any description carried as cargo, or
  - any tank or hold used for any substance carried as cargo declared, by the Minister by order to be of dangerous or injurious nature,
  and any such ship shall be deemed to be a workplace and a person undertaking such work shall be deemed to be the occupier of a workplace.
  (5) Nothing in this Act applies to any work mentioned in this section that is (a) done by the master or crew of a ship; or (b) done on board a ship during a trial run."
  (Art. 3)

  "The Minister may, in a case of public emergency, by order to the extent of and during the period named in the order exempt workplaces generally, or workplaces of any class or description from any of the provisions of this Act."
  (Art. 4)

  (1) "Where 2 or more persons, with the permission of or by virtue of an agreement with an owner or occupier of a place of work, engage at that place of work in activity of such a nature as would constitute that place a workplace, if the person engaging in the activity were in the employment of such owner or occupier, then
  (a) that place is to be treated as a workplace for the purposes of this Act; and
  (b) this Act applies as if
  - the owner or occupier were the owner or occupier of such a workplace, and
  - the persons taking part in the activity at the place of work were persons employed in such a workplace.
  (2) Where an owner or occupier enters into a contract with sub-contractors to undertake civil works or works of engineering construction on his behalf, the owner shall be responsible for maintaining safety in the workplace."
  (Art. 5)

  (1) "Where a part of a building is let as a separate workplace the provisions of this Act respecting:
  (a) cleanliness and lighting;
  (b) transmission machinery, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines;
  (c) construction and maintenance of floors, steps, stairs, passages and gangways and the keeping of them free from obstruction and slippery substances;
  (d) steam boilers, steam receivers, steam containers and air receivers;
  (e) means of warning in case of fire;
  (f) means of escape;
  (g) the power of a magistrate to make orders in cases of danger or of unsatisfactory premises, apply to any part of the building used in connection with the workplace though not comprised therein; and the owner of the building, and not the occupier of the workplace, is liable for any contravention of those provisions.
  (2) The owner of a building referred to in this section is liable for the contravention of any of the provisions of this Act relating to:
  (a) sanitary conveniences; and
  (b) hoists and lifts, whether in the workplace or otherwise, in so far as they relate to matters within his control, but the owner is not liable to keep sanitary conveniences in a clean state, except where they are used in common by employees of more than one workplace occupying the building.
  (3) For the purposes of subsection (1), lifting machines attached to the outside of a building and chains, ropes and lifting tackle used in connection therewith shall be treated as though they were in the building, but a lifting machine not used for the purpose of the workplace, and any chain, rope or lifting tackle used in connection with that machine, shall be disregarded.
  (4) Any liability arising:
  (a) out of the use of chains, ropes and lifting tackle, cranes and other lifting machines, steam boilers, steam receivers, steam containers and air receivers, in respect of plant or machinery supplied by the occupier of a workplace; or
  (b) in relation to matters not within the control of the owner of the building in which a workplace is situate attaches to the occupier of the workplace.
  (5) Liability in respect of matters not referred to in subsection
  (4) attaches to the owner of the building in which the workplace is situate, in so far as such matters are not outside his control.
  (6) A reference in this Act to the occupier of a workplace, in connection with the power of a magistrate to make orders respecting dangerous conditions in a workplace shall, where that workplace is situate in part of a building, be construed as a reference to the owner of the building if the owner is responsible for the condition in respect of which application for the order is made.
  (7) A reference in this Act to the general register in relation to a workplace that is situate in a part of a building shall, in respect of matters for which the owner of the building is responsible, be construed as a reference to the register required to be kept by him and section 127(3) applies in relation to that register as if the owner were the occupier of the workplace."
  (Art. 80)

  Article 83: Application to Barbadian ships.

  (1) "Where, in any premises forming part of an educational or vocational institution, any manual labour is required in or is incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting whether or not for sale, of articles whether or not intended for the use of the institution the provisions of this Act are nevertheless to be construed as applying to those premises.
  (2) Where in any premises forming part of an institution operated for charitable or reformatory purposes, any manual labour is required incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting whether or not for sale, of articles whether or not intended for the use of the institution but the premises do not constitute a factory, the provisions of this Act, are nevertheless to be construed as applying
  to those premises.
  (3) Notwithstanding subsection (2), where the persons having control of an institution, in this section referred to as "the managers", satisfy the Minister that the only persons working therein are inmates of the institution, maintained by the institution, or are persons engaged in the supervision of the work or the management of machinery and that the work is carried on in good faith for the purposes of the support, education, training or reformation of persons engaged in it, the Minister may by order direct that, so long as the order is in force, this Act is to apply to
  the institution, subject to the following modifications, namely:
  (a) the medical officer of the institution, if there is such an officer, may, on the application of the managers be appointed factory doctor for the institution;
  (b) the provisions relating to the posting of an abstract and notices are not to apply;
  (c) if the institution is carried on for reformatory purposes and the managers give notice to the Chief Labour Officer, no person shall, without the consent of the managers or the next person having immediate charge of the institution, examine any inmate of the institution unless the manager or
  that next person is present, but the Minister may, on being satisfied that in that institution there has been a contravention of the provisions of the Act or of any statutory instrument made pursuant thereto, suspend in respect of that institution the operation of this paragraph to such extent as he considers necessary; and
  (d) the managers shall, not later than 15th January in each year send to the Minister a return specifying the names of persons in charge of the institution and particulars as to the number, age, sex and employment of the inmates and other persons employed in the institution.
  (4) Any person who fails to comply with paragraph (d), of subsection (3) is guilty of an offence and is liable on summary conviction to a fine of $100 or to imprisonment for a term of 7 days."
  (Art. 84)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 3, 4 and 5; 80-85)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: THIRD SCHEDULE:
  (Sections 2 and 9)

  - Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthracosilicosis, asbestosis) and silica-tuberculosis, if silicosis is an essential factor in causing the resultant incapacity or death.
  - Bronchopulmonary diseases caused by hardmetal dust.
  - Bronchopulmonary diseases caused by cotton dust (byssinosis) or flax, hemp or sisal dust.
  - Occupational asthma caused by sensitising agents or irritants both recognised in this regard and inherent in the work process.
  - Extrinsic allergic alveolitis and its sequelae caused by the inhalation of organic dusts, as may be prescribed under any enactment.
  - Diseases caused by beryllium or its toxic compounds.
  - Diseases caused by cadmium or its toxic compounds.
  - Diseases caused by phosphorus or its toxic compounds.
  -Diseases caused by chromium or its toxic compounds.
  - Diseases caused by manganese or its toxic compounds.
  - Diseases caused by arsenic or its toxic compounds.
  - Diseases caused by mercury or its toxic compounds.
  - Diseases caused by lead or its toxic compounds.
  - Diseases caused by fluorine or its toxic compounds.
  - Diseases caused by carbon disulfide.
  - Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydro-carbons.
  - Diseases caused by benzene or its toxic homologues.
  - Diseases caused by toxic nitro- and amino-derivatives of benzene or its homologues.
  - Diseases caused by nitroglycerin or other nitric acid esters.
  - Diseases caused by alcohols, glycols or ketones.
  - Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulfide.
  - Hearing impairment caused by noise.
  - Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves).
  - Diseases caused by work in compressed air.
  - Diseases caused by ionising radiations.
  - Skin diseases caused by physical, chemical or biological agents not included under other items.
  - Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances.
  - Lung cancer or mesotheliomas caused by asbestos.
  - Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination.
  - Baggassosis.

  • Accidents and Occupational Diseases (Notification) (Amendment) Act, 1983. (Third Schedule)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 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

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 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

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: (1) "No person shall be employed in any process in a workplace involving the use of lead compounds if the process is such that dust or fumes from a lead compound are produced therein or the persons employed therein are liable to be splashed with any lead compound in the course of their employment, unless the following provisions are complied with as respects all persons employed, namely:
  (a) where dust or fumes from a lead compound are produced in the process, provisions shall be made for drawing the dust or fumes away from the persons employed by means of an efficient exhaust draught so contrived as to operate on the dust or fumes as near as possible to its point of origin;
  (b) the persons employed shall undergo such medical examinations to be paid for by the employer as may be prescribed at such intervals as may be prescribed and the prescribed record shall be kept with respect to their health;
  (c) no food, drink or tobacco shall be brought in or be consumed in any room in which the process is carried on and no person shall be allowed to remain in any such room during meal times;
  (d) suitable protective clothing and gear in a clean condition shall be provided by the occupier and worn by the persons employed;
  (e) such suitable lunch-room, washing, bathing and changing facilities as may be prescribed shall be provided for the use of persons employed; and
  (f) rooms in which persons are employed and all tools and apparatus used by them, shall be kept in a clean state."
  (2) "No person shall employ in any process that involves the use of lead compounds, any person who has been suspended, after medical examination, from employment in such process on the ground that continuance therein would involve special danger to health."
  (3) "For the purposes of this section "lead compound" means any soluble compound of lead that the Minister by order, declares to be a lead compound or any mixture containing such compound but does not include an alloy containing lead."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 74)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: (1) "There shall be provided and maintained so as to be readily accessible a first-aid box or first-aid cupboard of a standard approved by the Chief Labour Officer in consultation with the Chief Medical Officer and where more than 150 persons are employed, there shall be an additional box or cupboard for each additional 150 persons.
  (2) For the purposes of subsection (1), the number of persons employed in a workplace shall be taken to be the largest number of persons employed therein at any time, and any fraction of 150 shall be treated as 150.
  (3) Nothing, except appliances or requisites for first-aid, shall be kept in a first-aid box or first-aid cupboard, and the Chief Labour Officer may give directions, either generally or in relation to a particular workplace as to the minimum appliances and requisites to be kept for the purposes of firstaid.
  (4) Each first-aid box or first-aid cupboard shall be placed under the charge of a responsible person who shall, in the case of a workplace where more than 25 persons or more than such smaller number as the Chief Labour Officer by order prescribes are employed, be trained in first-aid treatment, and the person in charge shall always be available during working hours.
  (5) In every workroom there shall be affixed a notice on which is stated the name of the person in charge of the first-aid box or cupboard provided in respect of that workroom.
  (6) For the purposes of subsection (4) a person shall not be deemed to be trained in first-aid treatment unless he satisfies such conditions as the Chief Labour Officer or the Chief Medical Officer prescribes.
  (7) Failure to comply with subsection (4), in so far as it is required by that subsection that the person in charge of a firstaid box or first-aid cupboard shall be trained in first-aid treatment constitutes an offence; but it is a defence in any proceedings if the court is satisfied that the accused made all reasonable efforts to secure compliance but was unable to do so.
  (8) Where a nurse is employed in a workplace for the purpose of rendering first-aid treatment to persons employed in that workplace, the Chief Labour Officer may by certificate exempt that workplace from the requirements of this section to such extent and subject to such conditions as he specifies in the certificate.
  (9) Where hazardous or toxic substances are in use in a workplace, hazard data sheets as required under section 85 shall be kept so as to be readily available at or near the first-aid box or cupboard."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 63)

• 4.8.2 Sanitary installations

  Summary / Citation: The Workplace (Sanitary Conveniences) Regulations 2007 provides in the Schedule to the Regulations the sanitary conveniences required to be provided under section 65 of the Act.
  (Workplace (Sanitary Conveniences) Regulations)

  (1) "There shall be provided in every workplace sufficient, suitable and readily accessible sanitary conveniences for the use of persons employed therein.
  (2) The conveniences referred to in subsection (1) shall be kept clean and effective provision shall be made:
  (a) for the lighting thereof;
  (b) for their proper ventilation; and
  (c) for the impossibility of any form of communication with any workroom except through the open air or an intervening ventilated space.
  (3) Where persons of both sexes are employed or proposed to be employed in a workplace, conveniences provided pursuant to subsections (1) and (2) shall be adequate to afford proper and separate accommodation for persons of either sex and shall be so placed or screened that the interior is not visible, even when the door thereof is open, from another place where persons of the other sex, work or pass.
  (4) The occupier of a workplace shall provide and maintain suitable receptacles or disposal units for use by women in the sanitary conveniences provided for women.
  (5) Conveniences provided for persons of one sex that adjoin conveniences provided for persons of another sex:
  (a) shall be provided with separate approaches; and
  (b) shall be indicated by suitable notices showing the sex to which each convenience is allocated.
  (6) Subsections (3) and (4) do not apply in respect of a workplace where less than 10 persons or such other number as the Chief Labour Officer determines are employed or the only persons employed are members of the same family.
  (7) In this section "sanitary convenience" includes urinals, water-closets, latrines and other lavatories and such other conveniences necessary for the personal hygiene of an employee."
  (Art. 65 Safety and Health at Work Act)

  • Workplace (Sanitary Conveniences) Regulations, 2007.

  • Safety and Health at Work Act 2005 (2005-12). (Art. 65)

• 4.8.3 Drinking water

  Summary / Citation: Wokrplace (Drinking Water) Regulations 2007 regulates the supply of drinking water in workplaces implementing section 57 of the Safety and Health at Work Act 2005.
  (Workplace (Drinking Water) Regulations)

  (1) "There shall be provided and maintained at suitable points accessible to all persons employed in a workplace an adequate supply of wholesome, cool drinking water supplied from a public main or from some other source approved in writing by the Chief Labour Officer.
  (2) A supply of drinking water that is not supplied flowing from a public main shall be contained in suitable vessels, and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply, whether laid on or not shall, in such cases as the Chief Labour Officer directs, be clearly marked "Drinking Water".
  (3) All drinking water facilities shall be located at a suitable distance away from the nearest convenience or washing facility, or placed at such distance away as the Chief Labour Officer directs."
  (Art. 57 Safety and Health at Work Act)

  • Workplace (Drinking Water) Regulations, 2007.

  • Safety and Health at Work Act 2005 (2005-12). (Art. 57)

• 4.8.4 Rest and eating areas

  Summary / Citation: The Workplace (Washing Facilities) Regulations 2007 regulates the provision of sanitary facilities including when using hazardous substances.
  (Workplace (Washing Facilities) Regulations)

  (1) "There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of clean running water and, in addition, soap and clean towels or other suitable means of cleaning or drying and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
  (2) The Chief Labour Officer may, by certificate in writing, modify any of the requirements of subsection (1) in any case where there is difficulty in obtaining an adequate supply of water or in other special circumstances.
  (3) A certificate referred to in subsection (2) shall be subject to such conditions and be for such period as may be specified therein and such certificate may be modified, varied or revoked."
  (Art. 58 Safety and Health at Work Act)

  (1) "Where 10 or more persons are at any one time employed in a workplace there shall be provided and maintained in such workplace for the use of all the persons employed therein a suitable and adequate room furnished with an adequate number of tables and seats for the taking of meals.
  (2) Where less than 10 persons are employed in a workplace and no lunch room is provided the occupier shall make such other provisions as may be appropriate in the circumstances for the taking of meals by employees.
  (3) The Chief Labour Officer shall determine the adequacy or otherwise of facilities provided under subsections (1) and (2), and he may give directions to the occupier respecting the facilities, and the occupier shall comply with the directions.
  (4) Notwithstanding subsections (1) and (2) the Chief Labour Officer may in writing permit the operation of a workplace with such modifications to the requirements of this section as he deems proper."
  (Art. 59 Safety and Health at Work Act)

  (1) "Where in any room lead, arsenic or any other poisonous, toxic or hazardous substance is so used as to give rise to any dust or fume, or other harmful emission, no person shall be permitted:
  (a) to partake of food or drink,
  (b) to smoke, or
  (c) to remain in that room during the intervals allowed him for meals or rest, other than intervals allowed in the course of a spell of continuous employment.
  (2) Where, in any room, a process prescribed by the Minister is carried on, being a process that gives rise to siliceous dust, asbestos dust, or other harmful dust or fibres, no person shall be allowed to remain in that room during the intervals allowed him for meals or rest other than intervals
  allowed in the course of a spell of continuous employment.
  (3) Suitable provision shall be made for enabling the persons employed in any room described in subsections (1) and (2) to take their meals in some other suitable part of the workplace.
  (4) Where it appears to the Minister that, by reason of the nature of any process, it is injurious to health or otherwise undesirable to take meals in rooms where that process is carried on or to remain therein during the intervals allowed for meals or rest, he may, by order, extend any of the provisions of subsections (1) and (3) to rooms where that process is carried on."
  (Art. 60 Safety and Health at Work Act)

  (1) "Where change of clothing is necessary at a workplace, a room with sufficient space for the purpose of the changing of clothing shall be provided.
  (2) There shall, in addition to subsection (1), be provided and maintained in every workplace for the use of persons employed therein:
  - adequate and suitable changing rooms with locks on the inside and accommodation for clothing not worn during working hours; and
  - adequate and suitable accommodation for the normal and reasonable personal effects of employees.
  (3) Where persons of different sexes are employed in a workplace, separate provision shall be made under subsections (1) and (2) for persons of each sex.
  (4) The Chief Labour Officer may by certificate exempt any workplace from the requirements of this section where, by reason of any special circumstances, the application of such requirements would in his opinion be unreasonable."
  (Art. 61 Safety and Health at Work Act)
  
  (1) "Where employed persons have in the course of their employment, reasonable opportunities for sitting without any adverse effect on their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.
  (2) When a substantial proportion of any work can be properly done sitting, there shall be provided and maintained for an employed person doing that work a seat of a design and construction and of a dimension suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet, if he cannot do so without a foot-rest, and the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided.
  (3) For the purposes of subsection (2), the dimensions of a seat that is adjustable shall be taken to be its dimension as for the time being adjusted."
  (Art. 62 Safety and Health at Work Act)

  (1) "Where 20 or more persons are employed at any one time in a workplace there shall be provided and maintained and kept under the supervision of a person appointed by the occupier a suitable rest room:
  (a) affording adequate privacy; and
  (b) equipped with adequate facilities for resting.
  (2) Where less than 20 persons are employed in a workplace and no rest room is available, a suitable and adequate place that is capable of being properly screened shall be provided and made available for the use of female employees in the same manner as a rest room under subsection (1)."
  (Art. 64 Safety and Health at Work Act)
  

  • Workplace (Washing Facilities) Regulations, 2007.

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 58 - 64)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: (4) "It shall be the duty of every occupier to prepare and as often as may be appropriate, revise a statement of general policy with respect to workplace, safety, health and welfare, and the organisation and arrangements for the time being in force for carrying out the policy, and to bring the policy and any revision of it to the notice of all employees."
  (5) "Where 10 or more persons are employed the statement of policy and the organisation and arrangements for the time being in force for carrying out the policy required by subsection (4) shall be in writing."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 7)

• 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 of an employer=s duty under paragraph (1) the matters to which that duty extends include in particular:
  the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees; (...)"
  (Art. 4.4 Workplace (General Duties) Regulations)

  (1) "Every occupier shall:
  (c) ensure that all employees with special needs shall be given any directions, notices, information and instructions or training that are required to be given to employees under this Act, by any method of communication that readily permits the employees to receive it. (...)"
  (2) "For the purpose of this section, an employee has a special need where he is affected by a condition that impairs his ability to receive any direction, notice, information, instruction or training given by a method that would otherwise be sufficient under this Part."
  (Art. 7 Safety and Health at Work Act)

  "No person shall be employed at a machine unless he:
  (a) has been fully instructed in respect of:
  (i) the working of the machine;
  (ii) the dangers arising in connection with the machine;
  (iii) the precautions to be observed while working in connection with the operation of the machine; and
  (b) he has received sufficient training in the working of the machine or is adequately supervised during the course of his work in connection therewith."
  (Art. 19 Safety and Health at Work Act)

  • Workplace (General Duties) Regulations, 2007. (Art. 4.4)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 7 and 19)

• 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

6.1 OSH competence

• 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

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

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

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

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

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  No data available.
  

• 8.1.2 Constitution and chairmanship modalities

  No data available.
  

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 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

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  No data available.
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

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

  No data available.
  

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  No data available.
  

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

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

• 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

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: "Where there is a Health and Safety Committee:
  (a) the Committee shall comprise an equal number of employers' and employees' representatives;
  (b) the employees' representatives shall be appointed through their trade union or recognized staff association, where the employees are represented by such trade union of staff associations;
  (c) the employees' representatives shall be granted access to information relating to all workplace hazards and to all reports relating to the workplace environment;
  (d) the employees' representatives may conduct tests and take samples of hazardous materials;
  (e) the recommendations of the Health and Safety Committee shall, if practicable, be implemented;
  (f) it shall be the duty of the Chief Labour Officer to resolve any issues relating to the practicability of any recommendations made pursuant to sub-paragraph (e) and any declaration by the Chief Labour Officer in that regard shall be conclusive."
  

  • Safety and Health at Work Act 2005 (2005-12). (Art. 103.5)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: (1) "Every employer in a workplace shall:
  (a) consult with his employees or their representatives for the purpose of developing measures to promote safety and health at such workplace; and
  (b) make arrangements for the participation of the employees in the improvement and development of such measures."
  (2) "Consultation for the purpose of subsection (1) shall be effected as follows:
  (a) in workplaces where there are 25 or more persons employed through the meeting of a Health and Safety Committee consisting of representatives appointed by the employer and representatives appointed by the employees; and
  (b) in workplaces where there are less than 25 persons employed and it is not practical to have a Health and Safety Committee, through one or more safety delegates appointed by the employees."
  

  • Safety and Health at Work Act 2005 (2005-12). (Art. 103.1, .2)

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

  Summary / Citation: (1) "Every employer in a workplace shall:
  (a) consult with his employees or their representatives for the purpose of developing measures to promote safety and health at such workplace; and
  (b) make arrangements for the participation of the employees in the improvement and development of such measures."
  

  • Safety and Health at Work Act 2005 (2005-12). (Art. 103.1)

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: (3) "The Health and Safety Committee referred to in subsection (2) shall meet no less than once a quarter and its records kept available for inspection."
  (4) "Copies of all reports relating to the workplace safety and health conditions and the environment must be forwarded to at least one member of the Health and Safety Committee appointed by the employees."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 103.3, .4)

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: "Copies of all reports relating to the workplace safety and health conditions and the environment must be forwarded to at least one member of the Health and Safety Committee appointed by the employees."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 103.4)

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  No data available.
  

• 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

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: Act adopted to give effect to Art. 10 the Radiation Protection Convention, 1960 (No. 115) concerning "the notification in a manner prescribed thereby of work involving exposure of workers to ionising radiations in the course of their work".

  • Radiation Protection Act (Cap. 353A).

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 2017
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 1997
  

• 9.4.2 Vibration and noise

  Summary / Citation: Workplace (Noise) Regulations 2007 contains regulations providing workplaces and workers with protection against noise.

  (1) "Every owner, occupier or employer shall take adequate steps to prevent hearing impairment caused by noise, and disease caused by vibration from occurring to persons in, or in the vicinity of his workplace and shall comply with any directives:
  (a) issued by the Chief Labour Officer relating to the reduction of the level of noise or vibration generated by a machine, device or process; and
  (b) issued by the Chief Medical Officer relating to the protection of persons employed from hearing impairment caused by noise or from disease caused by vibration."
  (2) "It shall be the duty of the owner, occupier or employer:
  (a) to ensure that all protective equipment necessary for compliance with subsection (1) is worn or used by employees at all appropriate times;
  (b) to arrange for the initial and periodic medical examination and assessment of those employees who are exposed to the risk of injury to their hearing or of contracting a disease caused by vibration;
  (c) to keep a record of the results of examinations and assessments under paragraphs (b) which shall include audiometric tests and the monitoring of the work environment; and
  (d) to arrange programmes for hearing conservation."
  (Art. 56 Safety and Health at Work Act)

  • Workplace (Noise) Regulations 2007.

  • Safety and Health at Work Act 2005 (2005-12). (Art. 56)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  Summary / Citation: (1) "Subsections (2) to (7) have effect where work in any workplace has to be done inside a chamber, tank, vat, pit, well, pipe, flue or similar confined space in which dangerous fumes, gases, smoke or vapours are likely to be present to such an extent as to involve risk of persons being overcome thereby."
  (2) "A confined space shall, unless there is other adequate means of egress, be provided with a rectangular, oval or circular manhole not less than 45 centimeters long and not less than 40 centimeters wide or, if circular, not less than 45 centimeters in diameter; and in the case of a tank, wagon or other mobile plant, not less than 40 centimeters long or less than 35 centimeters wide or, if circular, not less than 40 centimeters in diameter."
  (3) "Subject to subsection (4), a person shall enter a confined space only where:
  (a) there is an easy egress from all accessible parts of the confined space;
  (b) mechanical equipment in the confined space is (i) disconnected from its power source; and (ii) locked out;
  (c) all pipes and other supply lines whose contents are likely to create a hazard are blanked off; and
  (d) the confined space is tested and evaluated by an authorised person who (i) records the results of each test in a permanent record; and (ii) certifies in writing in the permanent record that the confined space (A) is free from hazard; and (B) will remain free from hazard while any worker is in the confined space having regard to the nature and duration of the work to be performed."
  (4) "Subject to subsection (5) no person shall, for any purpose, be made to enter or remain in a confined space unless:
  (a) all of the requirements of subsection (3) except sub-paragraph (d)(ii) are complied with;
  (b) he is using suitable breathing apparatus in the use of which he had been trained;
  (c) he is using a safety harness or other similar equipment to which is securely attached a rope, the free end of which is attached to rescue equipment operated by an employee equipped with an alarm who is keeping watch outside the confined space;
  (d) the safety harness, rope and other equipment referred to in paragraph (c) have been inspected by a competent person and are in good working order; and
  (e) a person adequately trained in artificial respiration is conveniently available to render such assistance as may be needed."
  (5) "Subsections (3) and (4) do not apply where a confined space has been certified by a responsible person appointed in writing by an occupier as being, for a specified period, safe for entry without breathing apparatus and the period specified has not expired; but no person shall be permitted to enter or remain in such space unless he has been clearly warned as to when that period will expire."
  (6) "A confined space shall not be certified under subsection (5) as being safe for entry for any period unless:
  (a) effective steps have been taken to prevent any ingress of dangerous fumes:
  (b) all sludge or other deposit likely to emit dangerous fumes has been removed; and
  (c) the space:
  (i) is free of any other material capable of giving off dangerous fumes,
  (ii) has been adequately ventilated,
  (iii) has been tested for dangerous fumes, and
  (iv) has a supply of air adequate for respiration,
  but, for the purposes of paragraphs (b) and (c)(i), no account shall be taken of any deposit or other material that is capable of giving
  off fumes in quantities not likely to be harmful."
  (7) "There shall be provided and kept readily available a sufficient supply of:
  (a) suitable breathing apparatus;
  (b) belts, ropes and harnesses; and
  (c) oxygen and suitable reviving apparatus,
  the apparatus, belts, ropes and harnesses being maintained and thoroughly examined at least once a month by an authorised person or at such other intervals as may be prescribed; and a report of every examination containing such particulars as may be prescribed and signed by the person making the examination shall be kept available for inspection."
  (8) "The Chief Labour Officer may issue a certificate signifying, subject to such conditions as are specified in the certificate, the grant of exemption from compliance with any of the requirements of subsections (2) to (7) if he is satisfied that compliance with those requirements is unnecessary or impracticable."
  (9) "No person shall be required to enter or remain in a confined space in which the proportion of oxygen in the air is liable to be substantially reduced unless:
  (a) he is wearing a suitable breathing apparatus; or
  (b) the space is adequately ventilated and is safe for entry without the use of breathing apparatus."
  (10) "No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise, to make working safe for the persons employed in connection therewith."
  (11) "A sufficient number of persons employed at a workplace to which this section relates shall be trained and practised in the use of the apparatus mentioned in subsection (7) and in the method of respiration unless a certificate has been issued under subsection (8) in respect of that workplace."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 45)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: (1) "Every occupier shall:
  (a) keep his workplace so that the safety of persons in the workplace is not likely to be endangered;
  (b) take such precautions as are reasonable in the circumstances to ensure the safety of every person in the workplace; and
  (c) ensure that all employees with special needs shall be given any directions, notices, information and instructions or training that are required to be given to employees under this Act, by any method of communication that readily permits the employees to receive it."
  (2) "For the purpose of this section, an employee has a special need where he is affected by a condition that impairs his ability to receive any direction, notice, information, instruction or training given by a method that would otherwise be sufficient under this Part."
  (3) "It shall be the duty of every occupier 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 exposed to risks to their health and safety."
  (6) "Every part of any ways, works, plant or thing in a workplace shall be of safe construction, sound material and shall be properly maintained, and every dangerous part of such ways, works, plant or thing shall be so enclosed, covered, fenced or otherwise effectively guarded as to prevent danger."
  (7) "No part of any ways, works, plant or thing shall be so overloaded or maintained as to create danger to any person in a workplace."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 7)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: "Every occupier of a workplace shall provide and maintain such means of escape in case of fire for the persons employed therein as may be reasonably required in the circumstances."
  (Art. 32)

  (1) "Subject to subsection (2) no premises shall be used as a workplace to which this section applies unless there is in force in respect of those premises a certificate issued by the Chief Fire Officer to the effect that those premises are provided with such means of escape in case of fire for the persons employed in the workplace as may reasonably be required in the circumstances."
  (2) Where premises are in use as a workplace after the commencement of this Act, or are sought to be used as a workplace after the commencement of this Act, an application in such form as the Minister approves shall be made to the Chief Fire Officer for the certification of those premises as having been provided with a sufficient means of escape in case of fire; and such application being accompanied by such plan or drawing of the premises and other information as may be prescribed.
  (3) Where an occupier complies with subsection (2), no liability attaches to him in respect of the use of those premises during the period between the making of the application and the grant or refusal of a certificate in respect thereof.
  (4) The Chief Fire Officer may, upon an application being made to him:
  (a) issue a certificate; or
  (b) refuse to issue a certificate until certain alterations, as he specified are carried out to the premises within such time as he specifies and, where those alterations are not carried out, the issue of a certificate shall be deemed to have been refused at the end of the time specified for
  the alterations to be carried out or at the end of such further period as the Chief Fire Officer allows.
  (5) The Chief Fire Officer or an officer of the Fire Service authorised by him in writing shall inspect every workplace to which this section applies and, upon being satisfied that a workplace is equipped with such means of escape as mentioned in subsection (1), issue in respect of the workplace a certificate under this section.
  (6) In a certificate issued under subsection (5), there shall be specified precisely and in detail:
  (a) the means of escape with which the workplace inspected is equipped;
  (b) particulars of the number of persons employed or proposed to be employed in the workplace as a whole, and where the person making the inspection thinks fit, the number of persons employed in any specified part of the workplace; and
  (c) particulars of any explosives or highly inflammable material stored or used and any other matters taken into account in granting the certificate.
  (7) A certificate issued pursuant to subsection (5) shall be attached by the occupier to the general register and a copy sent by the Chief Fire Officer to the Chief Labour Officer.
  (8) Any occupier who uses premises in contravention of this section is guilty of an offence and liable on summary conviction to:
  (a) a fine of $500; and
  (b) a fine of $100 for each day on which the contravention continues after the date on which the conviction was first obtained."
  (Art. 33)

  "Section 33 applies to:
  (a) every factory: (i) in which more than 20 persons are employed at any one time; (ii) in which more than 10 persons are employed elsewhere than on the ground floor of the building; and (iii) in or under which explosives or highly inflammable materials are stored or used; and
  (b) such class or description of workplace as the Chief Labour Officer in consultation with the Chief Fire Officer may specify."
  (Art. 34)

  (1) "All means of escape in a workplace specified in a certificate issued by the Chief Fire Officer shall be properly maintained and kept free from obstruction.
  (2) The Chief Fire Officer may, annually or at shorter intervals if he so desires, examine those workplaces to which section 33 applies for the purpose of ascertaining whether there has been any change of conditions by reason of which the existing means of escape in case of fire have become insufficient.
  (3) An occupier shall give notice in writing to the Chief Fire Officer of any proposal:
  (a) to make any material extension or material structural alteration of the workplace to which a certificate relates;
  (b) to increase materially the number of persons employed in the workplace or in any part thereof specified in the certificate;
  (c) to begin to store or use explosive or highly inflammable material in the workplace; or
  (d) to materially increase the extent of such storage or use, after a certificate has been issued under section 33.
  (4) If the Chief Fire Officer is, (a) on receipt of a notice referred to in subsection (3) of the opinion that the condition with respect to escape in case of fire will be affected; or (b) at any time satisfied that, by reason of the changed conditions, the existing means of escape have become insufficient, he may by notice in writing, require the occupier to make such alterations within such period, as may be specified in the notice.
  (5) Where it appears to an inspector that dangerous conditions respecting means of escape in case of fire exist in any workplace to which section 33 applies, he shall give notice thereof in writing to the Chief Fire Officer, who shall, upon receiving such notice, examine that workplace and if
  necessary require the occupier by notice in writing to make within a specified period such alterations as may be necessary.
  (6) An occupier shall, within the period specified in a notice given under subsection (4) or (5), carry out the alterations required by such notice, and:
  (a) upon the alterations being carried out, the Chief Fire Officer shall (i) amend the certificate issued in respect of that workplace, or (ii) issue a new certificate, and send a copy of the amended certificate, or the new certificate as the case may be to the Chief Labour Officer; or
  (b) upon failure of the occupier to carry out the alterations as required, the Chief Fire Officer shall, without prejudice to the taking of proceedings against the occupier cancel the certificate and inform the Chief Labour Officer in writing accordingly.
  (7) Where it appears to the Chief Labour Officer that the conditions in respect of means of escape in the case of fire in a workplace to which section 33 applies are so dangerous that the workplace or any part thereof ought not to be used at all or ought not to be used for a particular process or work until steps have been taken to make the conditions safe, he may, after consultation with the Chief Fire Officer, serve an improvement or a prohibition notice as provided for under sections 112 and 113."
  (Art. 35)

  (1) "There shall be provided:
  (a) in every building that forms part of or comprises a workplace to which section 33 applies; or
  (b) in any workplace where the Chief Labour Officer so directs by requisition to the occupier, a device which any person can use for giving a warning in the case of a fire.
  (2) The means provided for giving warning in case of fire shall be clearly audible and visible throughout the building or where the workplace is only part of a building, in every part of the building that is used for the purposes of the workplace."
  (Art. 38)

  (1) "While a person is in a workplace for the purpose of employment or taking meals:
  (a) the door of the workplace and of any room therein in which he is; and
  (b) any door that, for persons working in the workplace, provides means of exit from any building or from any enclosure in which the workplace is situate, shall not be locked or fastened in such a manner that that door cannot be easily and immediately opened from the inside.
  (2) Any door opening on to a staircase or corridor from any room in which more than 10 persons are employed and all other doors affording a means of exit from a workplace in which more than 10 persons are employed shall, except in the case of sliding doors, be constructed, to open outwards.
  (3) In any workplace in which more than 10 persons are employed in the same building above the ground floor, any door at the foot of a staircase affording a means of exit from the building that is not kept continuously open shall except in the case of sliding doors, be constructed to open outwards.
  (4) Every hoistway or liftway inside a building constructed after the commencement of this Act shall be completely enclosed with fire resistant materials, and all means of access to the hoist or lift shall be fitted with doors of fire resistant materials; except that any such hoistway or liftway that is not provided with a vent at the top, shall at the top be enclosed only by some material easily broken by fire.
  (5) The Chief Fire Officer may by certificate, grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (2) to (4) in a case where he is satisfied that compliance with those requirements is inappropriate or undesirable.
  (6) Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in letters of adequate size having regard to the position and size of the exit, so as to be clearly visible at all times.
  (7) The appropriate and adequate equipment for fighting fire shall be provided and maintained at the workplace and shall be so placed as to be readily available for use.
  (8) Every occupier shall ensure that at least one person trained in the use of the fire fighting equipment shall be available on the premises at all times when persons are employed in the workplace.
  (9) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage way for all persons employed in the room to a means of escape in case of fire."
  (Art. 39)

  "There shall be examined and tested at least once during every period of 3 months, or more frequently, if an inspector so requires, every means of giving warning in case of fire required to be provided under this Act; and the date of every such examination and test together with particulars of any
  defect found and the date and particulars of any action taken to remedy the defect shall be entered in or attached to the general register."
  (Art. 40)

  (1) "Where, in any workplace:
  (a) more than 10 persons are employed in the same building above the first floor or more than 6 meters above ground level; or
  (b) explosive or inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire, with their use, and with the routine to be followed in case of fire.
  (2) For the purposes of paragraph (b) of subsection (1), storage shall be such as would prevent or minimise the spread of fire or be of such construction as would restrict the impact of an explosion."
  (Art. 41)

  PART VII: Special Applications and Extensions of the Act
  (1) "Where a part of a building has been let as a separate workplace, the owner of the building and not the occupier, is the person on whom:
  (a) duties are imposed,
  (b) rights are conferred, or
  (c) any notice is to be served in pursuance of sections 33 to 41 or the regulations relating to fire protection and fire prevention under sections 33 to 36 and 38 to 40.
  (2) This section does not apply to a case that arises under section 35(1) in so far as that case requires the means of escape to be kept free from obstruction caused by the use of the workplace or, under subsections (1), (7), (8) and (9) of section 39.
  (3) For the purposes of this section, a part of a building let as a separate workplace shall be deemed to include any other part of that building used for the purposes of the workplace.
  (4) The occupier of a workplace occupying part of a building shall inform the owner of the building where he proposes to make any material change in the workplace after the Chief Fire Officer has granted his certificate as to the means of escape in the case of fire under section 32.
  (5) For the purposes of this section, a warning in case of fire referred to in section 38 means a warning occurring anywhere in the building in which the workplace is situated and the warning clearly audible and visible in every part of that building.
  (6) An owner of a building who is prevented by the occupier of a workplace in that building from carrying out any work, test or examination which it is his duty to carry out under this Act may bring a complaint before a magistrate alleging the facts and the magistrate may order the occupier to permit the owner to carry out the work, test or examination and an occupier who fails to comply with the order of the magistrate is liable to a fine $100 for each day during which he fails to comply with the order.
  (7) The provisions of this Act respecting the requiring of certificates in respect of means of escape in case of fire, the registration of such certificate and the requirements of tests and examinations to be carried out in pursuance of section 40 apply in respect of a workplace occupying part of a building, except that:
  (a) a certificate issued pursuant to section 33 shall be issued to the owner of the building in which the workplace is situate and a copy of such certificate sent to each occupier of a workplace situate in a part of that building;
  (b) the general register mentioned in sections 33(7) and 40 shall be kept by the owner of the building instead of the occupier of a workplace situate in part of the building; and
  (c) a copy of a certificate of the Chief Fire Officer sent to an occupier of a workplace occupying part of a building shall be treated as a certificate issued to such occupier for the purposes of section 33."
  (Art. 79)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 32 - 41, 79)

• 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

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: (1) "Every dangerous part of machinery on premises to which this Act applies must be securely fenced unless such machinery is in such a position or is so constructed as to be as safe to every person employed or working on the premises as it would be if it were securely fenced."
  (2) "Where the dangerous part of any machinery, by reason of the nature of an operation, cannot be securely fenced by means of a fixed guard, the requirements of subsection (1) shall be deemed to have been complied with if a device is provided that automatically prevents the operator from coming into contact with that part of the machinery while it is in motion or use."
  (3) "In determining, for the purposes of this section, whether any part of machinery is in such a position or is so constructed as to be as safe to every person employed or working on the premises as it would be if securely fenced, no account is to be taken of the carrying out, by any person, while that part of the machinery is in motion, of
  (a) any examination, lubrication, adjustment or other operation that is immediately necessary if that examination, lubrication, adjustment or other operation can only be carried out while that part of the machinery is in motion; or
  (b) any lubrication, mounting or slipping of belts by such methods and in such circumstances as may be prescribed, in the case of any part of transmission machinery used in a process specified in the First Schedule where, owing to the continuous nature thereof, the stopping of that part would seriously interfere with the carrying out of the process."
  (4) "Subsection (3) does not apply unless:
  (a) the examination, lubrication, adjustment or other operation referred to therein is being carried out by persons who have attained the age of 18 years; and
  (b) all conditions prescribed in the regulations relating to such activities are complied with."
  (5) "All fencing or other safeguards provided in pursuance of this section shall be of substantial construction and shall be constantly maintained and, subject to the provisions of subsections (3) and (4), kept in position while the parts required to be fenced or otherwise safeguarded are in motion or in use."
  (Art. 11)

  (1) "The following requirements, in addition to the requirements of section 11(1), shall be complied with in every case where there is transmission machinery in use at a workplace, namely,
  (a) in every room or place where work is carried on, efficient devices or appliances by which the power that drives the machinery can be properly cut off shall be located in an easily accessible location and shall be properly maintained;
  (b) no driving-belt shall, when not in use, be allowed to rest or ride on any revolving shaft that forms part of the machinery; and
  (c) suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and idle pulleys that form part of transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving-belt from creeping back on to the fast pulley."
  (2) "Where, in any case, the Minister is satisfied that owing to special circumstances compliance with any of the requirements of subsection (1) is unnecessary or impracticable, he may, by order, direct that that requirement need not be complied with in those circumstances."
  (Art. 12)

  "Any part of a stock bar that projects beyond the head stock of a lathe shall be securely fenced unless it is in such a position as to be safe for every person employed or working on the premises as it would be if securely fenced."
  (Art. 13)

  (1) "Every fixed vessel, structure, sump or pit, the edge of which is less than 1 metre above the highest adjacent ground or platform shall, be securely fenced to a height of not less than 1 metre or be securely covered."
  (2) "Where, by reason of the nature of work being carried on, fencing or covering as required by subsection (1) is not practicable, other steps shall be taken, to prevent any person from falling into the vessel, structure, sump or pit."
  (3) "Where a vessel, structure, sump or pit as described in subsection (1) is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it unless the ladder, stair or gangway:
  (a) is at least 45 centimetres wide; and
  (b) is securely fenced on both sides with sheet fencing and with an upper rail of not less than 1 metre high, an intermediate rail and toe-boards."
  (4) "Any vessel, structure, sump or pit as referred to in subsection (3) that is adjacent to another, and
  (a) is separated from that other by a space, clear of any surrounding brick or other work, of less than 45 centimetres wide; and
  (b) is not securely fenced on both sides to a height of at least 1 metre, shall be so fitted with secure barriers as to prevent passage between them."
  (5) "The Chief Labour Officer may,
  (a) by certificate issued under his hand, exempt any class of vessel, structure, sump or pit from the requirements of this section, on his being satisfied that in respect thereof compliance is unnecessary or inappropriate; or
  (b) by order, extend any of the provisions of this section to (i) any vessel or structure that is not fixed, or (ii) any vessel, structure, sump or pit containing a substance that is not liquid."
  (Art. 16)

  (1) "Where the traversing part of a machine that has been installed after the commencement of this Act runs over a space where a person is likely to pass, whether in the course of his employment or otherwise, the traversing part of the machine or any material carried thereon shall not at anytime be permitted to run within 45 centimeters, in any direction, of any fixed structure that does not form part of the machine."
  (2) "The Minister may, for a period not exceeding 6 months after the commencement of this Act and, subject to such conditions as to safety as he imposes, permit the continued use of a machine that was installed before the commencement of this Act notwithstanding that it does not conform with the requirements of subsection (1)."
  (Art. 17)

  (1) "Every teagle opening or similar doorway used for hoisting or lowering goods or materials into or out of a workplace, whether by mechanical power or otherwise, shall be securely fenced and provided with a secure hand-hold on each side of the doorway or opening."
  (2) "Any fencing provided pursuant to subsection (1) shall be properly maintained and shall, except while the hoisting or lowering of goods or materials is being carried on at the doorway or opening, be kept in position."
  (Art. 22)

  (1) "Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and shall be properly maintained; and no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide."
  (2) "Every hoist or lift shall be thoroughly examined by a competent person before being put into service and thereafter at least once in every period of 12 months and a report of the result of every such examination shall, in such form and containing such particulars as the Minister determines, be signed by the person making the examination and shall within 21 days from the date of the completion of the examination be entered
  in or attached to the general register, and in the case of
  (a) a continuous hoist or lift; or
  (b) a hoist or lift not connected with mechanical power the examination shall be carried out at least once in every period of 24 months."
  (3) "Where an examination reveals that a hoist or lift can no longer be used with safety unless certain repairs are carried out immediately or within a specified time, the person making the report shall, within 7 days of the completion of the examination send a copy of the report to the Chief Labour Officer."
  (4) "Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, and the enclosure shall be such as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift."
  (5) "A gate referred to in subsection (4) shall be fitted with efficient interlocking or other devices so that the gate cannot be opened unless the cage or platform is at the landing and the cage or platform cannot be moved away from the landing until the gate is closed; but in the case of a hoist or lift constructed before the commencement of this Act, where it is not reasonably practicable to fit gates with such devices, it shall be sufficient if the gate is
  (a) provided with such arrangements as will achieve the objects of this section so far as is reasonably practicable; and
  (b) kept closed and fastened unless the cage or platform is at rest at the landing."
  (6) "Every hoist or lift and every enclosure mentioned in subsection (4) shall be so constructed as to prevent any part of any person or any part of any goods, carried thereon from being trapped
  (a) between any part of the hoist or lift and any fixed structure; or
  (b) between the counter-balance weight and other moving part of the hoist or lift."
  (7) "There shall be marked conspicuously on every hoist or lift the maximum working load that it can safely carry, and no greater load than such load shall be carried thereon."
  (8) "The following additional requirements apply in the case of hoists and lifts used for carrying persons whether together with goods or otherwise, namely,
  (a) efficient automatic devices shall be provided and maintained to prevent the cage or platform from overrunning;
  (b) the cage shall be fitted with a gate on each side from which there is access to a landing;
  (c) every gate shall be of such construction and design as not to render its users liable to injury and shall be fitted with efficient devices so that if persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest as soon as the gate
  is opened;
  (d) the cage shall be provided with (i) an audible emergency signal that is operative from inside the cage and clearly audible outside the hoistway or liftway, or (ii) a telephone together with a notice posted informing passengers of the number to be dialed in the event of an emergency."
  (9) "Where, in the case of a hoist or lift already in use in a workplace after commencement of this Act it is not reasonably practicable to provide such devices as are mentioned in paragraph (c) of subsection (8), it is sufficient if
  (a) the arrangements provided achieve the objects of that paragraph so far as is reasonably practicable; and
  (b) the gate is kept closed and fastened unless the cage is at rest or empty."
  (10) "This section and any regulations or orders relating to hoists or lifts apply in respect of every hoist and lift, whether or not such hoist or lift is situate on premises to which this Act applies, but does not apply in respect of a hoist or lift that is used exclusively for domestic purposes and in which no person is carried."
  (11) "Notwithstanding subsection (2), where a hoist or lift is situate wholly or partly on premises to which this Act does not apply, a copy of the report of any examination shall, within 14 days from the date of completion of the examination be sent to the Chief Labour Officer; and the owner or hirer shall take all reasonable steps to ensure that the provisions of this section and of any regulations or orders made in pursuance of this section are complied with."
  (Art. 23)

  (1) "Subsections (3) to (9) of section 23, and section 24 do not apply to continuous hoists or lifts."
  (2) "Subsections (5) to (8) and (9) of section 23 and section 24 do not apply in the case of a hoist or lift that is not connected with mechanical power; and in a case respecting such a hoist or lift, any gate required to be fitted to the hoistway or liftway enclosure under section 23(4) shall be kept closed and fastened unless the cage or platform is at rest at the landing."
  (Art. 25)

  "The Minister may, by order, exempt from any requirements of sections 22, 23, 24 or 25(2) any class or description of hoist, lift, hoistway or liftway or any teagle opening or similar doorway used for hoisting or lowering goods if, in any special circumstances, he is satisfied that insistence on compliance with the requirement would be unreasonable."
  (Art. 26)
  

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 11 - 26)

• 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 undertakes the design, importation or manufacture of any article for use at work 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.
  (2) No occupier shall carry on any work or put into use any equipment, material, article or substance in a workplace unless a suitable and sufficient assessment of the risks likely to arise in the circumstances and of the steps to be taken to eliminate or minimise such risks to safety or health has been undertaken.
  (3) The assessment required by subsection (2) shall be reviewed where there has been a material change in the work or the circumstances under which the work is carried on.
  (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 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.
  (5) It shall be the duty of every occupier to ensure, so far as is reasonably practicable, the health, safety and welfare at work
  of all his employees.
  (6) Without prejudice to the generality of an occupier's duty under subsection (5), the matters to which that duty extends include in particular
  (a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
  (b) arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
  (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 employees;
  (d) so far as is reasonably practicable as regards any place of work, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
  (e) the provision and maintenance of a working environment for 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; and
  (f) ensuring that the workplace, work spaces and procedures meet prescribed ergonomic standards.
  (Art. 6 Safety and Health at Work Act)

  (1) "Any machinery that, after the commencement of this Act, is imported into or constructed in Barbados to be driven by mechanical power shall be constructed in accordance with the following requirements:
  (a) every set-screw, bolt or key on a revolving shaft, spindle, wheel or pinion must be so sunk, encased or otherwise effectively guarded as to prevent danger; and
  (b) all spur and other toothed or friction gearing, that does not require frequent adjustment while in motion, must be entirely encased unless it is so situated as to be as safe as it would be if completely encased."
  (2) "No pre-owned or used machinery shall be installed or put into use in a workplace unless it is examined and a certificate of fitness is issued in respect of it by a competent person and a report is sent to the Chief Labour Officer."
  (Art. 14 Safety and Health at Work Act)

  (1) "It shall be the duty of any person who designs, manufactures, imports or supplies any article for use in any workplace -
  (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 preceding sub-paragraph;
  (c) To take such steps as are necessary to ensure 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 shall be the duty of any person who undertakes the design or manufacture of any article for use in any workplace 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 safety or health to which the design or article may give rise.
  (3) It shall be the duty of any person who erects or installs any article for use in any workplace 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.
  (4) It shall be the duty of any person who manufactures, imports or supplies any substance for use in any workplace:
  (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 sub-paragraph;
  (c) To take such steps as are necessary to ensure 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.
  (5) It shall be the duty of any person who undertakes the manufacture of any substance for use at work in any workplace 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 safety or health to which the substance may give rise.
  (6) Nothing in the preceding provisions of this Regulation 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.
  (7) Any duty imposed on any person by any of the preceding provisions of these Regulations 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.
  (8) Where a person designs, manufacturers, imports or supplies an article 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 when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed by paragraph (1) (a) above to such extent as is reasonable having regard to the terms of the undertaking.
  (9) Where a person ("the ostensible supplier")supplies any article for use at work or substance for use at work to another ("customer") under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier:
  (a) carries on the business of financing the acquisition of goods by others by means of such agreements; and
  (b) in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third ("the effective supplier"),
  the effective supplier and not the ostensible supplier shall be treated for the purpose of this Regulation as supplying the article or substance to the customer, and any duty imposed by the preceding provisions of this Regulation on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.
  (10) For the purposes of this Regulation an article or substance is not to be regarded as properly used where it is used without regard to any relevant information or advice to its use which has been made available by a person by whom it was designed, manufactured, imported or supplied."
  (Art. 6 Workplace (General Duties) Regulations)

  • Workplace (General Duties) Regulations, 2007. (Art. 6)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 6 and 14)

• 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 applies, or puts into use any machinery, tool, article or substance at a workplace:
  (a) to ensure so far as is reasonably practicable that the machinery, tool, article or substance is without risks to health and safety when properly used; and
  (b) to take such steps as are necessary to ensure that in connection with the use of the machinery, tool, article or substance there are data sheets available that contain:
  - adequate information about the use for which the machinery, tool, article or substance is intended,
  - the precautions to be observed in the use of the machinery, tool, article or substance; and
  - any information necessary to ensure that when put to that use, the machinery, tool, article or substance will be safe and without risks to safety or health."
  (2) "The following persons shall have ready access to all information secured with respect to machinery, tools, articles or substances referred to in paragraphs (a) and (b), of subsection (1):
  - all workers likely to be affected by the use of the machinery, tool, article or substance,
  - trade union and workers’ representatives at the workplace; and
  - members of the Health and Safety Committee."
  (3) "For the purposes of this section machinery, tool, 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."
  (4) "Every person who:
  (a) uses,
  (b) intends to use,
  (c) stores,
  (d) trades, or
  (e) deals
  in any hazardous substance or article in a workplace, shall inform the Chief Labour Office by sending him all the relevant information in writing, with copies to the Chief Fire Officer, the Commissioner of Police and the Accident and Emergency Unit and the Chief Medical Officer."
  (5) "Where a hazardous substance is stored, handled or used in a workplace a warning shall be given to every person granted access to the workplace of the presence of the hazardous substance and of the precautions to be taken to prevent or reduce any hazard or injury to health."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 86)

• 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

  Summary / Citation: "Subject to subsection (3) of section 11, no person shall engage in the maintenance or cleaning of any part of any machinery or machine if the maintenance or cleaning would expose that person to risk of injury from any moving part of the machine or of any other machinery or machine adjacent thereto."
  (Art. 19)

  (1) "All parts and working gear whether fixed or movable, including the anchoring and fixing appliances of every machine being used in connection with lifting, shall be of good construction, sound material, adequate strength, free from patent defect and shall be properly maintained."
  (2) "Every rail or track on which a travelling crane moves and every track on which the carriage of a transporter or runway moves:
  (a) shall be of proper size and adequate strength; and
  (b) shall have an even running surface,
  and every such rail or track shall be properly laid, adequately supported or suspended, and properly maintained."
  (Art. 21)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 19 and 21)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: (7) "An employer shall, after being notified by a female employee that she is pregnant and upon production of a medical certificate to that effect, adapt the working conditions of the female employee to ensure that she is not:
  (a) involved in the use of, or exposed to chemicals, substances or anything dangerous to the health of the unborn child; or
  (b) subjected to working conditions dangerous to the health of the unborn child, and where appropriate, the employer may assign alternative work, where available, to her without prejudice to her right to return to her previous job."
  (8) "Where a female employee who has notified her employer of her pregnancy under subsection (7) is no longer pregnant she shall immediately upon discovery of this fact notify her employer and shall produce a medical certificate to that effect."
  (9) "No employer shall require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of the child."
  (10) "Notwithstanding any other law, during an employee's pregnancy and for a period of 6 months after the birth of her child, the employer shall offer her suitable alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of work where the employee is required to perform work that poses a danger to her safety or health or that of her child, unless there is no alternative employment or that in doing so the employer will incur costs greater than ordinary administrative costs."

  • Safety and Health at Work Act 2005 (2005-12). (Art. 6)

• 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

  Summary / Citation: (7) An employer shall, after being notified by a female employee that she is pregnant and upon production of a medical certificate to that effect, adapt the working conditions of the female employee to ensure that she is not
  (a) involved in the use of, or exposed to chemicals, substances or anything dangerous to the health of the unborn child; or
  (b) subjected to working conditions dangerous to the health of the unborn child,
  and where appropriate, the employer may assign alternative work, where available, to her without prejudice to her right to return to her previous job.
  (8) Where a female employee who has notified her employer of her pregnancy under subsection (7) is no longer pregnant she shall immediately upon discovery of this fact notify her employer and shall produce a medical certificate to that effect.
  (9) No employer shall require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of the child.
  (10) Notwithstanding any other law, during an employee's pregnancy and for a period of 6 months after the birth of her child, the employer shall offer her suitable alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of work where the employee is required to perform work that poses a danger to her safety or health or that of her child, unless there is no alternative employment or that in doing so the employer will incur costs greater than ordinary administrative costs. (...)"
  (Art. 6)

  "No woman or young person shall be employed in any of the following, namely:
  (a) work at a furnace involving the reduction or treatment of zinc or lead ores;
  (b) the manipulation, treatment or reduction of ashes containing lead, the desilvering of lead or the melting of scrap lead or zinc;
  (c) the manufacture of solder or alloys containing more than 10 per cent lead;
  (d) the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead;
  (e) the cleaning of workrooms where any of the processes mentioned in paragraphs (a) to (d) are carried on;
  (f) the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead; or
  (g) mixing or pasting in connection with the manufacture or repair of electric accumulators or the recovery of plates or lead components from discarded accumulators."
  (Art. 73)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 6 and 73)

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

  Summary / Citation: "Amendment of Section 2 of Cap. 346:
  Section 2 of the Employment (Miscellaneous Provisions) Act is amended by deleting the definitions of “child” and “young person” and substituting the following:
  “”child” means a person who has not attained the age of 16 years.”;
  “young person” means a person who has attained the age of 16 years but who has not attained the age of 18 years.”.
  (Art. 2 Employment (Miscellaneous Provisions) (Amendment) Act, 2001)

  PART III: Employment of young persons

  Interpretation
  "For the purposes of this Part:
  Interpretation:
  “industrial undertaking ” includes, in addition to those industrial undertakings set out in the definition “ industrial undertaking ” in section 2, any undertaking engaged in the transportation of passengers or goods by road or rail, including the handling of goods at docks, quays, wharves, warehouses or airports;
  “night” means the period commencing at 6.00 p.m. of one day and ending at 7.00 a.m. of the following day."
  (Art. 7 Employment (Miscellaneous Provisions) Act)

  Employment of young persons:
  (1) "Except as set out in this Part, no young person shall be employed in any industrial undertaking during the night or in any work that by its nature or the circumstances under which it is done is likely to cause injury to his health, safety or morals.
  (2) For the purposes of apprenticeship or vocational training in a specified industry or undertaking that is required to be carried on continuously, the Minister may, after consultation with the workers’ and employers’ organisations concerned, authorise the employment, during the night, of young persons.
  (3) Where the Minister authorises the employment of a young person pursuant to subsection (2), that young person shall be granted a period for rest of at least thirteen consecutive hours between two periods of work."
  (Art. 8 Employment (Miscellaneous Provisions) Act)

  Register of young persons employed in industrial undertaking or ship:
  "Where young persons are employed in an industrial undertaking or a ship, the employer of those young persons, or the master of the ship, as the case may be, shall keep a register in which that employer or master shall record in respect of those young persons:
  (a) their names and addresses;
  (b) the dates of their birth; and
  (c) the dates of their entering and leaving the service of that employer,
  and that register shall be kept open to inspection by the Port Manager, the Chief Labour Officer and members of the Police Force at all reasonable
  times."
  (Art. 9 Employment (Miscellaneous Provisions) Act)

  PART IV: Employment of children
  Interpretation:
  "For the purposes of this Part:
  “industrial undertaking” includes, in addition to those undertakings set out in the definition “industrial undertaking” in sections 2 and 7, construction, reconstruction, maintenance, repair, alteration or demolition of any building, harbour, dock, pier, canal, road, tunnel, bridge, viaduct, sewer, drain, sanitary service, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work of construction, as well as the preparation for, or laying the foundation of, any such work or structure."
  (Art. 10 Employment (Miscellaneous Provisions) Act)

  Restrictions on employment of children:
  "No child shall be employed in any industrial undertaking or ship."
  (Art. 11 Employment (Miscellaneous Provisions) Act)

  Non application of this part:
  "This Part does not apply to work done by children in:
  (a) technical schools, on school ships or training ships under the supervision of a teacher or person authorised by the Minister responsible for Education; or
  (b) any industrial undertaking or ship in which only members of the same family are employed."
  (Art. 12 Employment (Miscellaneous Provisions) Act)

  PART V: Miscellaneous
  Employment of children:
  "Notwithstanding anything contained in this Act, no child shall be allowed to work between 6.00 p.m. of one day and 7.00 a.m. of the following day in any undertaking whatever."
  (Art. 13 Employment (Miscellaneous Provisions) Act)

  Prohibition of employment of persons of compulsory school age:
  (1) "No person shall employ a child or young person of compulsory school age in any undertaking whatever during school hours.
  (2) In this section “compulsory school age” and “school hours” have the meanings respectively assigned to them by section 2 of the Education Act. [Cap. 41A.]."
  (Art. 14 Employment (Miscellaneous Provisions) Act)

  (1) "Subject to section 70(1) no young person shall be admitted to employment in a factory for a period exceeding 2 weeks unless after a medical examination, he has been found fit for the work he is employed to do.
  (2) For the purposes of subsection (1), a medical examination shall be carried out by a factory doctor or a Medical Officer of Health who shall, in such form as the Minister approves, submit to the occupier of the workplace a certificate containing the result of the examination and deliver
  a copy thereof to the person examined.
  (3) No fees shall be payable by the person examined in respect of a medical examination under this section.
  (4) Where a young person is certified as fit for employment in pursuance of this section the certification may be:
  (a) subject to such conditions as may be specified in the certificate;
  (b) in respect of a specified job, or group of jobs or occupations that involve similar health risks and have been classified as a group by the Minister; or
  (c) subject to the condition that he be re-examined after a specified period.
  (5) Where a young person is employed in continuous employment he shall be medically examined at intervals of not more than one year or at such shorter intervals as the factory doctor carrying out the medical examination specifies.
  (6) A certificate issued under this section shall be deemed to be issued by the Chief Labour Officer who may, before the date of its expiry, vary or revoke such certificate as the case may be, having regard to the findings of a factory doctor after examination by him of the young person in respect of whom the certificate was issued."
  (Art. 68 Safety and Health at Work Act)

  "Where there is a school health service in existence and where the young person, his parent or guardian consents, the Minister responsible for Education shall make arrangements for officers of his Ministry to furnish, on the application of a factory doctor in connection with his examination of a young person in pursuance of this section:
  (a) a medical record of such person; and
  (b) any other information in their possession relating to the medical history of the young person."
  (Art. 69 Safety and Health at Work Act)

  (1) "A young person whose fitness is not clearly determined, may be employed if a factory doctor issues, after an examination by him of the young person:
  (a) a temporary medical certificate to be valid for a period of not more than 3 months, as to his fitness for the work he is being engaged to do; or
  (b) a medical certificate or permit in which is specified the conditions under which he may be employed.
  (2) Where, after the expiration of the period specified in a temporary certificate issued under this section, a young person in respect of whom such certificate was issued desires to continue in the employment to which such certificate relates, that person shall undergo another examination to determine his fitness to continue in that employment."
  (Art. 70 Safety and Health at Work Act)

  "An occupier of a factory shall file every medical certificate issued in respect of every young person, employed in the factory and produce them for inspection on being required by the Chief Labour Officer to do so."
  (Art. 71 Safety and Health at Work Act)

  (1) "Where an inspector is of the opinion that the employment of a young person in a factory or in a particular process or kind of work in a factory is injurious to his health or the health of other persons, he shall immediately report the matter to the Chief Labour Officer who may by notice in
  writing, served on the occupier of the factory, require that the employment of the young person in that factory or, as the case may be, in that process or kind of work be discontinued within a specified time after service of the notice."
  (2) "An occupier of a factory on whom a notice is served under subsection (1) shall, notwithstanding that a medical certificate is in force in respect of the fitness of a young person whose employment has been required to be terminated by virtue of that subsection, comply with the requirements of the
  notice, unless a panel of 2 or more factory doctors appointed by the Chief Labour Officer have, after service of the notice, personally examined the young person and certified him as being fit for employment in the factory, process or kind of work, as the case may be."
  (Art. 72 Safety and Health at Work Act)

  "No woman or young person shall be employed in any of the following, namely:
  (a) work at a furnace involving the reduction or treatment of zinc or lead ores;
  (b) the manipulation, treatment or reduction of ashes containing lead, the desilvering of lead or the melting of scrap lead or zinc;
  (c) the manufacture of solder or alloys containing more than 10 per cent lead;
  (d) the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead;
  (e) the cleaning of workrooms where any of the processes mentioned in paragraphs (a) to (d) are carried on;
  (f) the manufacture of paint containing lead or the dry rubbing down of surfaces treated with paint containing lead; or
  (g) mixing or pasting in connection with the manufacture or repair of electric accumulators or the recovery of plates or lead components from discarded accumulators."
  (Art. 73 Safety and Health at Work Act)
  

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 68 - 73)

  • Employment (Miscellaneous Provisions) (Amendment) Act, 2001. (Art. 2)

  • Employment (Miscellaneous Provisions) Act, 1977-6 (Cap. 346). (Arts. 7 - 14)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2018
  

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

• 10.1.1 Work-related accidents

  Summary / Citation: Power of Minister to direct formal investigation of accidents and cases of occupational disease:
  (1) "The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident arising out of and in the course of the employment of any worker or case of occupational disease contracted or suspected to have been contracted in the course of the employment of any worker and of its causes and circumstances, with respect to any such investigation the following provisions shall have effect, that is to say:
  (a) the Minister may appoint a competent person to hold the investigation and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;
  (b) the person or persons so appointed (hereafter in this section referred to as the court) shall hold the investigation in open court in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the accident or case of occupational disease and for enabling the court to make the report in this section mentioned;
  (c) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction and, in addition, power:
  - to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;
  - by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes and to require answers or returns to such enquiries as it thinks fit to make;
  - to require the production of all books, papers and documents which it considers relevant;
  - to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
  (d) persons attending as witnesses before the court shall be allowed such attendance allowances, travelling expenses and fees as would be allowed to witnesses attending in any magistrate’s court in its civil jurisdiction;
  (e) the court shall make a report to the Minister stating the causes and circumstances of the accident or case of occupational disease and adding any observations which the court thinks right to make;
  (f) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of occupational disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses properly incurred in the administration of this Act."
  (2) "Any person who, without reasonable excuse (proof whereof shall lie on him), either fails, after having had the detention allowances, travelling expenses and fees (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the court, or prevents or impedes the court in the execution of its duty, shall be guilty of an offence, and shall be liable to a fine of fifty dollars or imprisonment for one month or to both such penalties, and, in the case of a failure to comply with the requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable to a fine of $50 for every day on which the failure was so continued."
  (3) "The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit."
  (Art. 7) Accidents and Occupational Diseases (Notification) (Amendment) Act)

  (1) "There shall be kept by the occupier in every workplace or in such place as the Chief Labour Officer approves, a register in the prescribed form to be known as the general register."
  (2) "The occupier referred to in subsection (1) shall keep:
  (a) in the general register the following information:
  - a copy of all accident reports sent to the Chief Labour Officer;
  - a certificate of the Chief Fire Officer relating to means of escape in case of fire;
  - a certificate of examination of an air receiver;
  - a certificate of examination of a boiler;
  - a certificate of examination of hoists and lifts;
  - a certificate in respect of any other examination required under this Act;
  - any other report and particulars required by any other provision of this Act to be entered into or attached to the general register;
  - any other matter that may be prescribed; and
  - any reports regarding the safety and health conditions in the workplace."
  (Art. 93 Safety and Health at Work Act)

  "The general register and every other record kept in pursuance of this Act shall be preserved for a period of at least 6 years after the date of the last entry therein or for such longer period as may be prescribed in respect of any class or description of register or record; and shall be kept available for inspection by an inspector or by a factory doctor or by members of the Health and Safety Committee."
  (Art. 94 Safety and Health at Work Act)
  

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 93 and 94)

  • Accidents and Occupational Diseases (Notification) (Amendment) Act, 1983. (Art. 7)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: Power of Minister to direct formal investigation of accidents and cases of occupational disease:
  (1) "The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident arising out of and in the course of the employment of any worker or case of occupational disease contracted or suspected to have been contracted in the course of the employment of any worker and of its causes and circumstances, with respect to any such investigation the following provisions shall have effect, that is to say:
  (a) the Minister may appoint a competent person to hold the investigation and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;
  (b) the person or persons so appointed (hereafter in this section referred to as the court) shall hold the investigation in open court in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the accident or case of occupational disease and for enabling the court to make the report in this section mentioned;
  (c) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction and, in addition, power:
  - to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;
  - by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes and to require answers or returns to such enquiries as it thinks fit to make;
  - to require the production of all books, papers and documents which it considers relevant;
  - to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
  (d) persons attending as witnesses before the court shall be allowed such attendance allowances, travelling expenses and fees as would be allowed to witnesses attending in any magistrate’s court in its civil jurisdiction;
  (e) the court shall make a report to the Minister stating the causes and circumstances of the accident or case of occupational disease and adding any observations which the court thinks right to make;
  (f) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of occupational disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses properly incurred in the administration of this Act."
  (2) "Any person who, without reasonable excuse (proof whereof shall lie on him), either fails, after having had the detention allowances, travelling expenses and fees (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the court, or prevents or impedes the court in the execution of its duty, shall be guilty of an offence, and shall be liable to a fine of fifty dollars or imprisonment for one month or to both such penalties, and, in the case of a failure to comply with the requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable to a fine of $50 for every day on which the failure was so continued."
  (3) "The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit."

  • Accidents and Occupational Diseases (Notification) (Amendment) Act, 1983. (Art. 7)

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

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: " The duties of the Chief Labour Officer, the Deputy Chief, Labour Officer and Labour Officers in respect of labour inspection shall be:
  (d) to visit places of employment and to institute enquiries for the purpose of performing the duties set forth in paragraphs (a), (b) and (c) . (...)"
  (Art. 5 Labour Department Act)

  Power to enter premises and obtain information:
  "The Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer may:
  (a) enter, inspect and examine at all reasonable times by day and night any premises or place liable to inspection, when he has reasonable cause to believe that any person is employed therein, and enter, inspect and examine by day any premises which he has reasonable cause to believe to be liable to inspection. (...)"
  (Art. 7 Labour Department Act)

  "An inspector may, for the purpose of carrying out his duties under this Act,
  (a) enter, inspect, take photographs and examine at all reasonable times, either alone or together with such other persons possessing technical or special knowledge as the Chief Labour Officer may authorise in writing any premises which he has reasonable cause to believe are premises to which this Act applies;
  (b) enter, inspect and examine, by day:
  (i) any place that he has reasonable cause to believe to be a workplace; or
  (ii) any part of any building of which a workplace forms part and in which he has reasonable cause to believe that explosive or highly flammable materials are stored or used,
  (...)"
  (Art. 97 Safety and Health at Work Act)

  • Safety and Health at Work Act 2005 (2005-12). (Art. 97)

  • Labour Department Act (Cap. 23) (Arts. 5 and 7)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: Power to enter premises and obtain information:
  "The Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer may:
  (a) enter, inspect and examine at all reasonable times by day and night any premises or place liable to inspection, when he has reasonable cause to believe that any person is employed therein, and enter, inspect and examine by day any premises which he has reasonable cause to believe to be liable to inspection;
  (b) require from any employer returns giving information as to the wages, hours and conditions of work of the employees employed by him, as may be prescribed by regulation ;
  (c) carry out any examination, test or enquiry which he may consider necessary in order to satisfy himself that the legal provisions are being strictly observed and, in particular, may:
  - interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of the legal provisions or may apply for information to any other person whose evidence he may consider necessary;
  - require the production of any books registers or other documents the keeping of which is prescribed by Acts or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions and may copy such documents or make extracts from them;
  - enforce the posting of notices required by any legal provisions ;
  - take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for this purpose."
  (Art. 7 Labour Department Act)

  "An inspector may, for the purpose of carrying out his duties under this Act:
  (a) enter, inspect, take photographs and examine at all reasonable times, either alone or together with such other persons possessing technical or special knowledge as the Chief Labour Officer may authorise in writing any premises which he has reasonable cause to believe are premises to which this Act applies;
  (b) enter, inspect and examine, by day:
  - any place that he has reasonable cause to believe to be a workplace; or
  - any part of any building of which a workplace forms part and in which he has reasonable cause to believe that explosive or highly flammable materials are stored or used,
  (c) request and authorise a member of the Police Force to enter a workplace with him if he has reasonable cause to believe that there will be serious obstruction in the execution of his duty;
  (d) require the production of any licence, drawing, specification, register, certificate, notice or other document which the owner or occupier of a workplace is by this Act or the regulations required to keep or exhibit therein and inspect, examine or make copies thereof;
  (e) examine, whether alone or in the presence of such other person as he thinks fit, with respect to matters under this Act, every person whom he finds in a workplace or whom he has reasonable cause to believe to be or has been within the preceding 2 months employed in a workplace and require such person to make and sign a declaration of the truth of the matters respecting which he is so examined; however, no person shall be required to answer any question or make any statement tending to incriminate himself;
  (f) carry out any examination and inquiry necessary to ascertain whether the provisions of the Act and any enactment for the time being in force relating to public health are complied with in so far as they apply to a workplace or to any person employed in a workplace;
  (g) require any person he finds in a workplace to give information to the best of his knowledge as to who is the occupier of the workplace;
  (h) where he is a medical practitioner, conduct such medical examinations as may be necessary for the purpose of performing his duties under the Act;
  (i) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under this Act or any regulations;
  (j) investigate accidents occurring in the workplace; and
  (k) exercise any other powers that are necessary for giving effect to this Act. (...)"
  (Art. 97 Safety and Health at Work Act)

  (1) "An inspector may, at any time after informing the occupier of any workplace or, if the occupier is not readily available a foreman or any other responsible person therein, take for analysis a sufficient number of samples of any material in use or kept for use in a workplace without payment of compensation to the owner thereof, if he suspects that there has been a contravention of any provision under this Act or if in his opinion the material is likely, or may be proved on analysis to be likely, to cause injury to the persons employed."
  (2) "An occupier, a foreman or any other responsible person may, at the time when a sample is taken under this section and on providing the necessary utensils, require that the samples be divided into three parts, and that each part be marked, sealed or fastened in such manner as its nature permits and that (a) one part be delivered to the occupier, foreman or other responsible person; (b) one part be retained by the inspector for future comparison; and (c) one part be submitted to an analyst, and any analysis shall, if so required, be carried out by a department of the public service."
  (3) "A certificate purporting to be a certificate issued by the Government Analyst or a recognised testing agency approved by the Government Analyst as to the result of an analysis of a sample under this section is, in any proceedings under this Act, prima facie evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness."
  (Art. 98 Safety and Health at Work Act)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 97 and 98)

  • Labour Department Act (Cap. 23) (Art. 7)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.3 Power to investigate

  Summary / Citation: Power of Minister to direct formal investigation of accidents and cases of occupational disease:
  (1) "The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident arising out of and in the course of the employment of any worker or case of occupational disease contracted or suspected to have been contracted in the course of the employment of any worker and of its causes and circumstances, with respect to any such investigation the following provisions shall have effect, that is to say:
  (a) the Minister may appoint a competent person to hold the investigation and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation;
  (b) the person or persons so appointed (hereafter in this section referred to as the court) shall hold the investigation in open court in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the accident or case of occupational disease and for enabling the court to make the report in this section mentioned;
  (c) the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction and, in addition, power:
  - to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;
  - by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes and to require answers or returns to such enquiries as it thinks fit to make;
  - to require the production of all books, papers and documents which it considers relevant;
  - to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
  (d) persons attending as witnesses before the court shall be allowed such attendance allowances, travelling expenses and fees as would be allowed to witnesses attending in any magistrate’s court in its civil jurisdiction;
  (e) the court shall make a report to the Minister stating the causes and circumstances of the accident or case of occupational disease and adding any observations which the court thinks right to make;
  (f) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occurrence of the accident or case of occupational disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses properly incurred in the administration of this Act.
  (2) Any person who, without reasonable excuse (proof whereof shall lie on him), either fails, after having had the detention allowances, travelling expenses and fees (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the court, or prevents or impedes the court in the execution of its duty, shall be guilty of an offence, and shall be liable to a fine of fifty dollars or imprisonment for one month or to both such penalties, and, in the case of a failure to comply with the requisition for making any return or producing any document, if the failure in respect of which a person was so convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable to a fine of $50 for every day on which the failure was so continued.
  (3) The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit."
  (Art. 7 Accidents and Occupational Diseases (Notification) (Amendment) Act)

  "An inspector may, for the purpose of carrying out his duties under this Act:
  (j) investigate accidents occurring in the workplace; (...)."
  (Art. 97.j Safety and Health at Work Act)

  • Safety and Health at Work Act 2005 (2005-12). (Art. 97.j)

  • Accidents and Occupational Diseases (Notification) (Amendment) Act, 1983. (Art. 7)

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: "The duties of the Chief Labour Officer, the Deputy Chief Labour Officer and Labour Officers in respect of labour inspection shall be:
  (b) to give technical information and advice whenever necessary to employers and employees as to the most effective means of complying with the said laws. (...)"

  • Labour Department Act (Cap. 23) (Art. 5.b)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: "Where the Chief Labour Officer is of the opinion that a person:
  (a) is contravening the provisions of this Act or the regulations; or
  (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 that person 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 reason 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 that the period within which an appeal against the notice can be brought under section 114 as may be specified in the notice."
  (Art. 112)

  (1) "Where the Chief Labour Officer is satisfied that:
  (a) any part of the ways, works, machinery or plant used in a workplace is in such a condition, or is so constructed or placed that it cannot be used without risk of bodily injury;
  (b) any process or work is carried on in any workplace would cause risk of bodily injury or endanger health; or
  (c) any workplace is in such a condition, is so constructed or placed that any process or work carried on or proposed to be carried on therein, cannot be so carried on with due regard being paid to the safety, health and welfare of the persons employed in that workplace the Chief Labour Officer may serve on the occupier a prohibition notice."
  (2) "A prohibition notice shall:
  (a) specify the matters which in the opinion of the Chief Labour Officer give rise to the risk;
  (b) shall specify the provision or provisions of the Act or regulations which are being contravened, and give particulars of the contravention; and
  (c) shall direct that the activities to which the notice relates shall not be carried on by the occupier unless the provisions of the Act or regulations which are being contravened and the risk mentioned in paragraph (a) have been remedied."
  (3) "Where a prohibition notice gives a direction in accordance with subsection (2)(c) the direction shall take immediate effect if the inspector is of the opinion, and states that the risk of serious personal injury is or will be imminent."
  (4) "In circumstances other than those specified in the preceding subsection a prohibition notice shall take effect at such time and date as specified by the notice."
  (Art. 113)

  (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:
  (a) may be framed to any extent by reference to any approved code of practice; and
  (b) 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) "The Chief Labour Officer shall consult the Chief Fire Officer before he serves, on the occupier of premises used or about to be used as a workplace, a notice concerning the means of escape in case of a fire has been served:
  (a) the notice may be withdrawn by the Chief Labour Officer at any time before the end of the period specified therein in pursuance of section 112 or section
  113 as the case may be; and
  (b) the period specified in the notice may be extended by the Chief Labour Officer at any time when an appeal against the notice is not pending."
  (5) "A person on whom a notice is served may appeal to a magistrate and on such an appeal the magistrate may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as the magistrate may in the circumstances think fit."
  (6) "Where an appeal under this section is brought against a notice:
  (a) in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal; or
  (b) in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the magistrate so directs (and then only from the giving of the direction)."
  (Art. 114)

  "A copy of a notice issued under section 112 or 113 may be posted by the Chief Labour Officer at or near the place where the contravention or risk referred to in the notice exists; or at such other prominent position at the workplace as he so determines."
  (Art. 115)

  "Any person who, without lawful authority removes, defaces or in any way tampers with a notice posted under section 115 is guilty of an offence under this Act."
  (Art. 116)

  "A notice issued under sections 112 and 113 shall subject to the provisions regarding appeal, be complied with."
  (Art. 117)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 112 - 117)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 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 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.4 Power to require the cessation of dangerous work

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: Institution of proceedings:
  "The Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer may institute proceedings in his own name against an employer for any contravention of or offence committed under this Act and may appear and conduct any such proceedings."
  

  • Labour Department Act (Cap. 23) (Art. 13)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: Duties of Officers:
  "The duties of the Chief Labour Officer, the Deputy Chief [1961-12. ] Labour Officer and Labour Officers in respect of labour inspection shall be:
  (a) to ensure that the laws in force concerning conditions of employment and the protection of employees in their occupations are fully applied ;
  (c) to indicate in their inspection reports difficulties or abuses not specifically covered by existing laws;
  (e) to establish statistical data in the course of their enquiries, as instructed by the Chief Labour Officer. (...)"
  (Art. 5 Labour Department Act)

  Duties of Chief Labour Officer:
  "It shall be the duty of the Chief Labour Officer:
  (a) to receive and investigate all representations whether of employers or of employees, made to him concerning any business, trade, occupation, or employment with a view to the settlement of disputes and grievances and to conciliation especially regarding hours and conditions of work and regulation of wages and to report thereon to the Minister ;
  (b) to advise the Government with regard to the betterment of industrial relations and generally on all labour matters;
  (c) to ensure the due enforcement of the Acts specified in the Schedule and of any other Acts which he may from time to time be required to enforce;
  (d) to prepare cost of living indices and statistics of earnings and conditions of employment;
  (e) to perform such further or other duties as may from time to time be required of him by any Act or by the Minister."
  (Art. 3 Labour Department Act)

  (1) "The Chief Fire Officer may at any reasonable time enter any workplace and inspect the means of escape in case of fire and the fire-fighting equipment provided by the occupier.
  (2) Every
  (a) occupier of a workplace; or
  (b) person engaged by an occupier of a workplace
  who obstructs or fails to admit the Chief Fire Officer to the workplace pursuant to subsection (1) is guilty of an offence."
  (Art. 42 Safety and Health at Work Act)

  (1) "The Chief Labour Officer may certify any under ground room as unsuitable for work other than work involving the use of the room for the purpose of storage or such other purpose as the Minister by order specifies; and, where a room is so certified, no work for which it is certified as unsuitable shall be carried on in it."
  (2) "Where the Chief Labour Officer certifies as unsuitable any room that is in actual use, he shall suspend the operation of the certificate for such period as he considers reasonable with a view to enabling the occupier to render the room suitable or to obtain other premises."
  (3) "No underground room shall be used as a workplace unless it is certified for use as such by the Chief Labour Officer."
  (Art. 53 Safety and Heath at Work Act)

  (1) "Where the Chief Labour Officer prescribes a process which may involve special risk or injury to the safety and health of persons employed in connection with the process, the Chief Labour Officer shall issue directions in writing setting out:
  (a) the action to be taken,
  (b) the procedures to be followed, and
  (c) the methods to be adopted in relation to that process."
  (2) "Notwithstanding subsection (1) the Chief Labour Officer may in certain circumstances vary the standards attached to any regulations if in his judgement such amendments are necessary."
  (Art. 87 Safety and Health at Work Act)

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 42, 53 and 87)

  • Labour Department Act (Cap. 23) (Arts. 3 and 5)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Offences:
  "Every person who, being required in accordance with this Act to furnish information or particulars to the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer:
  (a) wilfully refuses or without lawful cause neglects to furnish the information or particulars required within the time specified or in the form specified or prescribed or to authenticate the same in the prescribed manner or to deliver the same at the place or in the manner specified or described for the delivery thereof; or
  (b) wilfully furnishes or causes to be furnished any false information or particulars lawfully requested; or
  (c) refuses to answer or wilfully gives a false answer to any question necessary for the provision of any information or particulars required; or
  (d) hinders, obstructs or molests the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer in the exercise of any of the powers conferred upon him by law, is guilty of an offence and shall be liable on summary conviction to a fine of fifty dollars or to imprisonment for three months."
  (Art. 12 Labour Department Act)

  (1) "Where by the regulations, the use of any material or process is prohibited, the Minister responsible for Trade may, on the advice of the Minister responsible for Labour absolutely or subject to exception, prohibit the importation into Barbados of the material or of any article used in the manufacture of which such material or process was employed."
  (2) "Any person who sells or offers for sale, exposes for sale, or has in his possession for purposes of sale any article or material the importation of which is prohibited is guilty of an offence and in addition to any punishment which may be imposed under this Act, such article or material shall be forfeited and destroyed or otherwise disposed of as the court thinks fit."
  (Art. 88 Safety and Health at Work Act)

  "No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, publish or disclose to any other person the results of an analysis made under this section, and any person who contravenes this subsection is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of one month or to both. (...)"
  (Art. 98.4 Safety and Health at Work Act)

  (1) "The occupier of every workplace, his agents and servants, shall at all times furnish the means required by an inspector as being necessary for an entry, examination, inspection, inquiry, the taking of samples or otherwise for the exercise of his powers under this Act in relation to such workplace."
  (2) "Any person who:
  (a) wilfully and without reasonable cause delays, hinders or interferes with an inspector or a member of the Fire Service in the exercise of his powers or functions, as the case may be under this Act;
  (b) fails to produce any register, certificate or document that he is required to produce in pursuance of this Act or the regulations;
  (c) wilfully withholds any information as to who is the occupier of a workplace;
  (d) conceals or attempts to conceal any person from an inspector or prevents or attempts to prevent any person from appearing before or being examined by an inspector;
  (e) fails to comply with a requisition of an inspector in pursuance of this Act;
  (f) assaults, resists, obstructs or intimidates an inspector or a member of the Fire Service in the execution of his duty under this Act or the regulations;
  (g) uses any indecent, abusive or insulting language to an inspector or a member of the Fire Service in the execution of his duty;
  (h) by the offer of any gratuity, bribe, promise or other inducement prevents or attempts to prevent an inspector or a member of the Fire Service from carrying out his duty under this Act or the regulations; or
  (i) contravenes any provision of this Act, the regulations or any Order made under this Act is guilty of an offence."
  (Art. 100 Safety and Health at Work Act)

  "Any person who contravenes subsection (1) or (3) is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for one month or to both."
  (Art. 101.5 Safety and Health at Work Act)

  PART XI: Offences, Penalties and Legal Proceedings
  (1) "In the event of any contravention in connection with or in relation to a workplace of the provisions of this Act, or of any regulations or order made under this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act responsible the owner, of the
  workplace is, subject to this Act, guilty of an offence."
  (2) "In the event of:
  (a) the contravention by an employee in respect of the duties imposed on employees; or
  (b) a contravention by any person of any regulations or order made under this Act which expressly imposes any duty upon him,
  that employee or person is guilty of an offence."
  (3) "Notwithstanding subsection (2) no offence is committed by the occupier or the owner, as the case may be, by reason only of the contravention of the provision imposing the duty unless it is proved that he failed to take all reasonable steps to prevent the contravention but subsection (2) does not affect any liability of an occupier or owner in respect of the same facts by virtue of some provision other than any referred to in that subsection."
  (4) "An occupier of a workplace shall be deemed to have contravened this Act if he avails himself of an exception allowed under this Act and fails to comply with any of the conditions attached to that exception."
  (5) "Where persons are employed in a workplace otherwise than in accordance with the provisions of this Act or of any regulations or order made pursuant to this Act, there shall be deemed to be a separate contravention in respect of each person so employed."
  (6) "Where an offence under this Act has been committed by a company and has been proved to have been committed with the consent or connivance of or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of the company, both such officer and the company are guilty of the offence committed."
  (Art. 109 Safety and Health at Work Act)

  (1) "Subject to subsection (2) any person who:
  (a) contravenes any provision of this Act for which no specific penalty is provided; or
  (b) contravenes any of the regulations or any order made pursuant to this Act,
  is guilty of an offence and liable on summary conviction, in the case of an owner or occupier, to a fine of $500 and if the offence continues after such conviction the person convicted is liable to a further fine of $100 for each day in respect of which the offence continues."
  (2) "If the contravention is the act or omission of the owner or the occupier as the case may be, and causes death or injury that results in permanent injury such owner or occupier is liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 12 months or to both."
  (Art. 110 Safety and Health at Work Act)

  (1) "Where an occupier or owner of a workplace has been convicted of an offence under this Act, the court may, in addition to or instead of imposing a fine, order him within such time as the court determines, to take such steps as the court specifies for remedying the matters in respect of which the
  contravention occurred, and may on application, extend the time stated in the order."
  (2) "Where an extension is allowed under subsection (1), the occupier is not liable in respect of any continuation of the contravention during the extended time, but if, after the expiration of the time as originally specified or as extended the order is not complied with, the occupier or owner, as the case
  maybe, is liable to a fine of $100 for each day on which the non-compliance continues after the date on which the conviction was first obtained."
  (Art. 11 Safety and Health at Work Act)

  "Any person who fails to comply with the requirements of a notice issued under sections 112 or 113 shall be liable, on summary conviction to a fine of $1000 and $100 for every day the offence continues."
  (Art. 118 Safety and Health at Work Act)

  "Where an act or default for which an occupier or owner is liable under this Act is in fact the act or default of some agent, servant, employee or other person, that agent, servant, employee or other person is liable and punishable as if he were the occupier or owner, as the case may be."
  (Art. 122 Safety and Health at Work Act)
  

  • Safety and Health at Work Act 2005 (2005-12). (Arts. 88 - 122)

  • Labour Department Act (Cap. 23) (Art. 12)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Offences:
  "Every person who, being required in accordance with this Act to furnish information or particulars to the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer:
  (a) wilfully refuses or without lawful cause neglects to furnish the information or particulars required within the time specified or in the form specified or prescribed or to authenticate the same in the prescribed manner or to deliver the same at the place or in the manner specified or described for the delivery thereof; or
  (b) wilfully furnishes or causes to be furnished any false information or particulars lawfully requested; or
  (c) refuses to answer or wilfully gives a false answer to any question necessary for the provision of any information or particulars required; or
  (d) hinders, obstructs or molests the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer in the exercise of any of the powers conferred upon him by law, is guilty of an offence and shall be liable on summary conviction to a fine of fifty dollars or to imprisonment for three months."
  (Art. 12 Labour Department Act)

  (1) "Where by the regulations, the use of any material or process is prohibited, the Minister responsible for Trade may, on the advice of the Minister responsible for Labour absolutely or subject to exception, prohibit the importation into Barbados of the material or of any article used in the manufacture of which such material or process was employed."
  (2) "Any person who sells or offers for sale, exposes for sale, or has in his possession for purposes of sale any article or material the importation of which is prohibited is guilty of an offence and in addition to any punishment which may be imposed under this Act, such article or material shall be forfeited and destroyed or otherwise disposed of as the court thinks fit."
  (Art. 88 Safety and Health at Work Act)

  "No person shall, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, publish or disclose to any other person the results of an analysis made under this section, and any person who contravenes this subsection is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for a term of one month or to both. (...)"
  (Art. 98.4 Safety and Health at Work Act)

  (1) "The occupier of every workplace, his agents and servants, shall at all times furnish the means required by an inspector as being necessary for an entry, examination, inspection, inquiry, the taking of samples or otherwise for the exercise of his powers under this Act in relation to such workplace."
  (2) "Any person who:
  (a) wilfully and without reasonable cause delays, hinders or interferes with an inspector or a member of the Fire Service in the exercise of his powers or functions, as the case may be under this Act;
  (b) fails to produce any register, certificate or document that he is required to produce in pursuance of this Act or the regulations;
  (c) wilfully withholds any information as to who is the occupier of a workplace;
  (d) conceals or attempts to conceal any person from an inspector or prevents or attempts to prevent any person from appearing before or being examined by an inspector;
  (e) fails to comply with a requisition of an inspector in pursuance of this Act;
  (f) assaults, resists, obstructs or intimidates an inspector or a member of the Fire Service in the execution of his duty under this Act or the regulations;
  (g) uses any indecent, abusive or insulting language to an inspector or a member of the Fire Service in the execution of his duty;
  (h) by the offer of any gratuity, bribe, promise or other inducement prevents or attempts to prevent an inspector or a member of the Fire Service from carrying out his duty under this Act or the regulations; or
  (i) contravenes any provision of this Act, the regulations or any Order made under this Act is guilty of an offence."
  (Art. 100 Safety and Health at Work Act)

  "Any person who contravenes subsection (1) or (3) is guilty of an offence and is liable on summary conviction to a fine of $500 or to imprisonment for one month or to both."
  (Art. 101.5 Safety and Health at Work Act)

  PART XI: Offences, Penalties and Legal Proceedings
  (1) "In the event of any contravention in connection with or in relation to a workplace of the provisions of this Act, or of any regulations or order made under this Act, the occupier, or if the contravention is one in respect of which the owner is by or under this Act responsible the owner, of the
  workplace is, subject to this Act, guilty of an offence."
  (2) "In the event of:
  (a) the contravention by an employee in respect of the duties imposed on employees; or
  (b) a contravention by any person of any regulations or order made under this Act which expressly imposes any duty upon him,
  that employee or person is guilty of an offence."
  (3) "Notwithstanding subsection (2) no offence is committed by the occupier or the owner, as the case may be, by reason only of the contravention of the provision imposing the duty unless it is proved that he failed to take all reasonable steps to prevent the contravention but subsection (2) does not affect any liability of an occupier or owner in respect of the same facts by virtue of some provision other than any referred to in that subsection."
  (4) "An occupier of a workplace shall be deemed to have contravened this Act if he avails himself of an exception allowed under this Act and fails to comply with any of the conditions attached to that exception."
  (5) "Where persons are employed in a workplace otherwise than in accordance with the provisions of this Act or of any regulations or order made pursuant to this Act, there shall be deemed to be a separate contravention in respect of each person so employed."
  (6) "Where an offence under this Act has been committed by a company and has been proved to have been committed with the consent or connivance of or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of the company, both such officer and the company are guilty of the offence committed."
  (Art. 109 Safety and Health at Work Act)

  (1) "Subject to subsection (2) any person who:
  (a) contravenes any provision of this Act for which no specific penalty is provided; or
  (b) contravenes any of the regulations or any order made pursuant to this Act,
  is guilty of an offence and liable on summary conviction, in the case of an owner or occupier, to a fine of $500 and if the offence continues after such conviction the person convicted is liable to a further fine of $100 for each day in respect of which the offence continues."
  (2) "If the contravention is the act or omission of the owner or the occupier as the case may be, and causes death or injury that results in permanent injury such owner or occupier is liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 12 months or to both."
  (Art. 110 Safety and Health at Work Act)

  (1) "Where an occupier or owner of a workplace has been convicted of an offence under this Act, the court may, in addition to or instead of imposing a fine, order him within such time as the court determines, to take such steps as the court specifies for remedying the matters in respect of which the
  contravention occurred, and may on application, extend the time stated in the order."
  (2) "Where an extension is allowed under subsection (1), the occupier is not liable in respect of any continuation of the contravention during the extended time, but if, after the expiration of the time as originally specified or as extended the order is not complied with, the occupier or owner, as the case
  maybe, is liable to a fine of $100 for each day on which the non-compliance continues after the date on which the conviction was first obtained."
  (Art. 11 Safety and Health at Work Act)

  "Any person who fails to comply with the requirements of a notice issued under sections 112 or 113 shall be liable, on summary conviction to a fine of $1000 and $100 for every day the offence continues."
  (Art. 118 Safety and Health at Work Act)

  "Where an act or default for which an occupier or owner is liable under this Act is in fact the act or default of some agent, servant, employee or other person, that agent, servant, employee or other person is liable and punishable as if he were the occupier or owner, as the case may be."
  (Art. 122 Safety and Health at Work Act)
  

  • Labour Department Act (Cap. 23) (Art. 12)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: "Every person who, being required in accordance with this Act to furnish information or particulars to the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer:
  (a) wilfully refuses or without lawful cause neglects to furnish the information or particulars required within the time specified or in the form specified or prescribed or to authenticate the same in the prescribed manner or to deliver the same at the place or in the manner specified or described for the delivery thereof; or
  (b) wilfully furnishes or causes to be furnished any false information or particulars lawfully requested; or
  (c) refuses to answer or wilfully gives a false answer to any question necessary for the provision of any information or particulars required; or
  (d) hinders, obstructs or molests the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer in the exercise of any of the powers conferred upon him by law, is guilty of an offence and shall be liable on summary conviction to a fine of fifty dollars or to imprisonment for three months."

  • Labour Department Act (Cap. 23) (Art. 12)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: "Every person who, being required in accordance with this Act to furnish information or particulars to the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer:
  (a) wilfully refuses or without lawful cause neglects to furnish the information or particulars required within the time specified or in the form specified or prescribed or to authenticate the same in the prescribed manner or to deliver the same at the place or in the manner specified or described for the delivery thereof; or
  (b) wilfully furnishes or causes to be furnished any false information or particulars lawfully requested; or
  (c) refuses to answer or wilfully gives a false answer to any question necessary for the provision of any information or particulars required; or
  (d) hinders, obstructs or molests the Chief Labour Officer, Deputy Chief Labour Officer or a Labour Officer in the exercise of any of the powers conferred upon him by law, is guilty of an offence and shall be liable on summary conviction to a fine of fifty dollars or to imprisonment for three months."

  • Labour Department Act (Cap. 23) (Art. 12)