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Occupational Safety and Health (OSH)
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Dominica - 2015

Themes

  1. Description of national OSH regulatory framework
  2. Scope, coverage and exclusions
  3. Institutions and programmes relating to OSH administration and/or enforcement
  4. Employers’ duties and responsibilities to protect the safety and health of workers and others
  5. Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
  6. Employers’ duty to ensure availability of expertise and competence in health and safety
  7. Workers' rights and duties
  8. Consultation, collaboration and co-operation with workers and their representatives
  9. Specific hazards or risks
  10. Recording, notification and investigation of accidents/incidents and diseases
  11. OSH inspection and enforcement of OSH legislation

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: The Employment Safety Act and the Factory and Machinery Rules are the main two Acts containing provisions in relation to occupation safety and health, and more details can be found in other regulations such as the Accidents and Occupational Diseases (Notification) Act, the Employment of Children (Prohibition) Act, the Employment of Women, Young Persons and Children Act, and the Noxious and Dangerous Substances (Control) Act.

      In the system of Dominica, "there shall be a President of Dominica who shall be elected by the House and shall hold office for a term of five years." (Constitution, Article 18) "There shall be a Prime Minister of Dominica, who shall be appointed by the President. (...)" (Constitution, Article 59)
      "There shall be a Parliament of Dominica which shall consist of the President and a House of Assembly." (Constitution, Article 29)

      "Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Dominica." (Constitution, Article 41)

      "The power of Parliament to make laws shall be exercised by bills passed by the House and assented to by the President.
      When a bill is submitted to the President for assent in accordance with the provisions of this Constitution he shall signify that he assents.
      When the President assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the President shall thereupon cause it to be published in the Official Gazette as law.
      No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect."
      (Constitution, Article 49)

      "Except on the recommendation of the President signified by a Minister, the House shall not:
      - proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provisions for any of the following purposes:
      - for the imposition of taxation or the alteration of taxation otherwise than by reduction;
      - for the imposition of any charge upon the Consolidated Fund or any other public fund of Dominica or the alteration of any such charge otherwise than by reduction;
      - for the payment, issue or withdrawal from the Consolidated Fund or any other public fund Dominica of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
      - for the composition or remission of any debt due to the Government; or
      - proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes."
      (Constitution, Article 50)

      "The executive authority of Dominica is vested in the President.
      Subject to the provisions of this Constitution, the executive authority of Dominica may be exercised by the President either directly or through officers subordinate to him. (...)"
      (Constitution, Article 58)

      • Occupational safety and health country profile: Dominica

      • Factory and Machinery Rules

      • Employment of Children (Prohibition) Act

      • Employment Safety Act (No. 3 of 1982).

      • Noxious and Dangerous Substances (Control) Act, 1981 (no. 4 of 1982)

      • Commonwealth of Dominica Constitution Order 1978 (S.I. No. 1027 of 1978) [consolidated version].

      • Accidents and Occupational Diseases (Notification) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961).

      • Employment of Women, Young Persons and Children Act (L.f. 5 of 1938) (Chap. 90:06)

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.

    • 2.2 Definition of worker

      Summary/citation: In this Act:
      "“Outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles."
      "“Worker” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, is oral or in writing, and includes a person who is a member of a registered co-operative society notwithstanding that such person is remunerated in whole or in part by shares in the profits or gross earnings of the co-operative society, but does not include:
      (a) an outworker;
      (b) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s trade, occupation or business; or
      (c) a domestic servant employed in a private house."

      • Accidents and Occupational Diseases (Notification) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961). (Art. 2)

      • 2.2.1 Coverage of particular categories of workers

        No data available.

        • 2.2.1.1 Migrant workers

          No data available.

        • 2.2.1.2 Domestic workers

          No data available.

        • 2.2.1.3 Home workers

          No data available.

        • 2.2.1.4 Self-employed persons

          No data available.

    • 2.3 Definition of employer

      Summary/citation: "In this Act:
      “Employer” includes any body of persons corporate or incorporate and the legal personal representative of a deceased employer and where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to be the employer of the worker whilst he is working for that other person; and in relation to:
      (a) a person who is a member of a registered co-operative society and engaged in work carried out by that co-operative society, the co-operative society shall, for the purposes of this Act, be deemed to be the employer notwithstanding that such person is remunerated in whole or in part by shares in the profits or gross earnings of the co-operative society;
      (b) a person plying for hire with nay vehicle or vessel the use of which is obtained by that person under a service contract of bailment, the person from whom the use of the vessel or vehicle is so obtained shall, for the purposes of this Act, be deemed to be the employer;
      (c) a person employed for the purposes of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the club shall, for the purpose of this Act be deemed to be the employer."

      • Accidents and Occupational Diseases (Notification) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961). (Art. 2)

      Related CEACR Comments
      • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2021
      • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2021

    • 2.4 Exclusion of branches of economic activity

      Sometimes.

    • 2.5 Definition of occupational accident

      No data available.

    • 2.6 Definition of occupational disease

      No data available.

      • 2.6.1 List of occupational diseases

        No data available.

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        No data available.

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The "Division of Labour" within the "Ministry of Justice, Immigration and National Security" is the competent national authority for safety and health at work.

      Remarks / comments: More information is available on the Ministry of Justice, Immigration and National Security website: http://www.dominica.gov.dm/

      • 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

      No data available.

      • 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

      No data available.

      • 3.3.1 Consultation on the national OSH programme

        No data available.

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: Duty of employer:
      (1) "Every person operating or carrying on a business shall do so in a manner that will not endanger the safety or health of any person employer. employed there upon or in connection therewith."
      (2) "Every person operating or carrying on a business shall adopt and carry out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury in the operation or carrying on of the business."
      (Art. 4 Employment Safety Act)

      Duties of owner of factory:
      "It shall be the duty of the owner, manager or other person having control of any factory to comply with Part IV." (Part IV: SAFETY)
      (Art. 19 Factories and Machinery Rules)

      • Employment Safety Act (No. 3 of 1982). (Art. 4)

      • Factories and Machinery Rules, No.1 (Art. 19)

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

      No data available.

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

      No data available.

    • 4.4 Surveillance of workers’ health in relation to work

      No data available.

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.

    • 4.5 Surveillance of the working environment and working practices

      No data available.

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: Regulations:
      "Notwithstanding anything to the contrary in any law provided, the Minister may make Regulations for the safety and health of persons employed upon or in connection with any business and for the provision of safety measures in the operation or use of plant, machinery equipment and premises used in connection with the operation of any business and in particular, but without restricting the generality of the foregoing, may make Regulations:
      (h) prescribing the standards for protective clothing and equipment to be used by employees, and the use of and the responsibility for providing such clothing and equipment. (...)"
      (Art. 6.1.h Employment Safety Act)

      Protection of eyes:
      "In the case of the following processes, being processes which involve a special risk of injury to the eyes from particles or fragments thrown off in the course of the work, suitable goggles or effective screens shall be provided to protect the eyes of the persons employed in the processes:
      (a) dry grinding of metals or articles of metal applied by hand to a revolving wheel or disc driven by mechanical power;
      (b) turning (external or internal) of non-ferrous metals or of cast-iron, or of articles of such metals or such iron, where the work is done dry, other than precision turning where the use of goggles or a screen would seriously interfere with the work, or turning by means of hand tools;
      (c) welding or cutting of metals by means of an electrical oxygen or similar process;
      (d) the following processes when carried on by means of hand tools or other portable tools:
      - fettling of metal castings involving the removal of metal;
      - cutting out or cutting off (not including drilling or punching back) of cold rivets or bolts from boilers or other plant or from ships;
      - chipping or scaling of boilers or ship plates;
      - breaking or dressing of stones, concrete or slag."
      (Art. 16 Factories and Machinery Rules)

      • Factory and Machinery Rules (Art. 16)

      • Employment Safety Act (No. 3 of 1982). (Art. 6.1.h)

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: Regulations:
        "Notwithstanding anything to the contrary in any law provided, the Minister may make Regulations for the safety and health of persons employed upon or in connection with any business and for the provision of safety measures in the operation or use of plant, machinery equipment and premises used in connection with the operation of any business and in particular, but without restricting the generality of the foregoing, may make Regulations:
        (i) prescribing first-aid facilities and the provision of firstaid training and the services of first -aid attendants. (...)"
        (Art. 6.1.i Employment Safety Act)

        First aid treatment:
        "In every factory the following requirements shall have effect:
        (a) there shall be provided and maintained so as to be readily accessible a first aid box or cupboard of the standard set out in the First Schedule, and where more than one hundred persons are employed an additional box or cupboard shall be so provided and maintained for every additional one hundred persons;
        (b) the number of first aid boxes or cupboards required under this rule shall be calculated on the largest number of persons employed at anyone time and fractions of one hundred shall be reckoned as one hundred. Where the persons employed are employed on shifts, the calculations of the number of employed shall be according to the largest number at work at anyone time;
        (c) every first aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than thirty persons are employed, be trained in first aid treatment."
        (Art. 14 Factories and Machinery Rules)

        • Factory and Machinery Rules (Art. 14)

        • Employment Safety Act (No. 3 of 1982). (Art. 6.1.i)

      • 4.8.2 Sanitary installations

        Summary / Citation: "Notwithstanding anything to the contrary in any law provided, the Minister may make Regulations for the safety and health of persons employed upon or in connection with any business and for the provision of safety measures in the operation or use of plant, machinery equipment and premises used in connection with the operation of any business and in particular, but without restricting the generality of the foregoing, may make Regulations:
        (d) respecting the provision and maintenance of potable water supplies and of sanitary and other facilities for the well-being of employees. (...)"
        (Art. 6.1.d Employment Safety Act)

        Sanitary conveniences:
        "Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean and the following requirements shall have effect:
        (a) in cases where females are employed, there shall be at least one suitable sanitary convenience for every twenty-five females;
        (b) in cases where males are employed, there shall be at least one suitable sanitary convenience (not being a convenience suitable merely as a urinal) for every twenty-five males;
        (c) in the case of factories where the number of males employed exceeds one hundred and sufficient urinal accommodation is also provided, it shall be sufficient if there is one such convenience as aforesaid for every twenty-five males up to the first one hundred and one for every fifty thereafter;
        (d) in calculating the number of conveniences, any odd number of persons less than twenty-five or fifty, as the case may be, shall be reckoned as twenty-five or fifty;
        (e) in cases where persons of both sexes are employed the sanitary conveniences for each sex shall be separate and suitably placed;
        (f) every sanitary convenience shall be sufficiently ventilated and shall not communicate with any workroom except through the open air or through an intervening ventilating space."
        (Art. 8 Factories and Machinery Rules)

        • Factory and Machinery Rules (Art. 8)

        • Employment Safety Act (No. 3 of 1982). (Art. 6.1.d)

      • 4.8.3 Drinking water

        Summary / Citation: "Notwithstanding anything to the contrary in any law provided, the Minister may make Regulations for the safety and health of persons employed upon or in connection with any business and for the provision of safety measures in the operation or use of plant, machinery equipment and premises used in connection with the operation of any business and in particular, but without restricting the generality of the foregoing, may make Regulations:
        (d) respecting the provision and maintenance of potable water supplies and of sanitary and other facilities for the well-being of employees. (...)"
        (Art. 6.1.d Employment Safety Act)

        Provision of drinking water:
        "An adequate supply of wholesome drinking water shall be provided for all persons employed in the factory. The source of supply shall be approved in writing by the senior medical officer."
        (Art. 9 Factories and Machinery Rules)

        • Factory and Machinery Rules (Art. 9)

        • Employment Safety Act (No. 3 of 1982). (Art. 6.1.d)

      • 4.8.4 Rest and eating areas

        Summary / Citation: Provision of washing facilities:
        "There shall be provided and maintained for the use of persons employed, adequate and suitable facilities for washing, which shall be separate for each sex and shall include basins, soap and clean towels. The safety officer may, if he thinks fit owing to the difficulty of obtaining an adequate supply of water or in any other special circumstances, modify this requirement in respect of any factory."
        (Art. 10)

        Rest room for women:
        "In every factory in which women are employed a suitable rest room shall be provided. The rest room shall be fitted with chairs or benches with back rests and shall be placed under the charge of a responsible person and be kept clean."
        (Art. 11)

        Dressing facilities:
        "There shall be provided and maintained for the use of employed persons, adequate and suitable facilities for changing of clothing. Separate accommodation shall be provided for persons of each sex and shall, when so required by the safety officer, include adequate shower bath facilities."
        (Art. 12)

        Provision of messroom:
        "There shall be provided and maintained for the use of all persons employed, and remaining on the premises for meals, a suitable and adequate messroom."
        (Art. 13)

        • Factory and Machinery Rules (Arts. 10 - 13)

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      Sometimes.

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

        No data available.

      • 5.1.2 Appointment of a person for health and safety

        No data available.

      • 5.1.3 Written risk assessment

        No data available.

      • 5.1.4 Safe operating work systems and procedures

        No data available.

      • 5.1.5 Training and information on risks

        Summary/citation: Prior instruction to worker at dangerous machine:
        "No worker shall be allowed to work at any dangerous machine unless the worker has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed."

        • Factories and Machinery Rules, No.1 (Art. 33)

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        No data available.

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.

      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.

        • 6.1.1.1 Qualifications of experts or professional services

          No data available.

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

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

      Summary / Citation: Duty of employee:
      (1) "Every person employed upon or in connection with the operations of any business shall, in the course of his employment:
      (a) take all reasonable and necessary precautions to ensure his own safety and the safety of his fellow employees; and
      (b) at all appropriate times use such devices and wear such articles of clothing or equipment as are intended for his protection and furnished to him by his employer, or required pursuant to this Act to be used or worn by him."

      • Employment Safety Act (No. 3 of 1982). (Art. 5)

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

      Summary / Citation: Duty of employee:
      (1) "Every person employed upon or in connection with the operations of any business shall, in the course of his employment:
      (a) take all reasonable and necessary precautions to ensure his own safety and the safety of his fellow employees; and
      (b) at all appropriate times use such devices and wear such articles of clothing or equipment as are intended for his protection and furnished to him by his employer, or required pursuant to this Act to be used or worn by him."

      • Employment Safety Act (No. 3 of 1982). (Art. 5)

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

      No data available.

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

      No data available.

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

      No data available.

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Duty of employee:
      (1) "Every person employed upon or in connection with the operations of any business shall, in the course of his employment:
      (a) take all reasonable and necessary precautions to ensure his own safety and the safety of his fellow employees; and
      (b) at all appropriate times use such devices and wear such articles of clothing or equipment as are intended for his protection and furnished to him by his employer, or required pursuant to this Act to be used or worn by him."
      (Art. 5 Employment Safety Act)

      Duties of employees:
      "It shall be the duty of all persons employed to comply with Part IV. (Part IV: SAFETY)"
      (Art. 20 Factories and Machinery Rules)

      • Factory and Machinery Rules (Art. 20)

      • Employment Safety Act (No. 3 of 1982). (Art. 5)

    • 7.7 Right to enquire about risks and preventive measures

      No data available.

    • 7.8 Right to remove themselves from a dangerous situation

      No data available.

    • 7.9 Right to be reassigned to non-hazard work

      No data available.

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

        No data available.

  • 8 Consultation, collaboration and co-operation with workers and their representatives

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

      Summary / Citation: Consultative and Advisory Committee
      Special Committee:
      "The Minister may establish consultative and advisory committees on which nominees of the Ministers responsible for Planning and Health, and employers and employees are represented to advise the Minister on any matters arising in relation to the administration of this Act, to assist in the establishment of reasonable standards of safety and to recommend regulations respecting safe employment practices, procedures and techniques."

      • Employment Safety Act (No. 3 of 1982). (Art. 7)

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: Consultative and Advisory Committee
        Special Committee:
        "The Minister may establish consultative and advisory committees on which nominees of the Ministers responsible for Planning and Health, and employers and employees are represented to advise the Minister on any matters arising in relation to the administration of this Act, to assist in the establishment of reasonable standards of safety and to recommend regulations respecting safe employment practices, procedures and techniques."

        • Employment Safety Act (No. 3 of 1982). (Art. 7)

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: Consultative and Advisory Committee
        Special Committee:
        "The Minister may establish consultative and advisory committees on which nominees of the Ministers responsible for Planning and Health, and employers and employees are represented to advise the Minister on any matters arising in relation to the administration of this Act, to assist in the establishment of reasonable standards of safety and to recommend regulations respecting safe employment practices, procedures and techniques."

        • Employment Safety Act (No. 3 of 1982). (Art. 7)

    • 8.2 Employers’ duty to consult workers on risks

      No data available.

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

      No data available.

      • 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

      No data available.

      • 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

      No data available.

      • 8.5.1 Right to enter the workplace

        No data available.

      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.

      • 8.5.3 Right to consult with workers

        No data available.

      • 8.5.4 Right to advise workers

        No data available.

      • 8.5.5 Right to initiate enforcement action

        No data available.

    • 8.6 Joint OSH Committee

      No data available.

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.

      • 8.6.2 Conditions for establishing a joint OSH committee

        No data available.

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

        No data available.

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.

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

      No data available.

    • 8.8 Protection against reprisals

      No data available.

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

      No data available.

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.

    • 9.2 Chemical hazards

      No data available.

      • 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

      No data available.

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        No data available.

      • 9.4.2 Vibration and noise

        No data available.

      • 9.4.3 Working at height

        No data available.

      • 9.4.4 Working in confined spaces

        No data available.

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        Summary / Citation: Cleaning of factory:
        "Every factory shall be kept in a clean state and free from effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provision:
        (a) accumulations of dirt and refuse shall removed daily from the floors and benches of workrooms and from the staircases and passages;
        (b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;
        (c) all inside walls and partitions, and all ceilings or tops of rooms, and all wall, sides and tops of passages and staircases shall:
        - where they have a smooth impervious surface, at least once in every period of twelve months be washed with hot water and soap;
        - where they are kept painted with oil paint or varnish be repainted or revarnished at least once in every period of seven years, and at least once in every period of twelve months be washed with hot water and soap;
        - in other cases, be kept whitewashed or colour washed, and the whitewashing or colour washing shall be repeated at least once in every period of twelve months;
        but where it appears to the safety officer that any of the foregoing provisions are by reason of special circumstances inappropriate in any factory, he may, if he thinks fit, direct that these provisions shall not apply."

        • Factory and Machinery Rules (Art. 3)

      • 9.4.6 Exposure to extreme temperatures

        No data available.

      • 9.4.7 Fire risks

        Summary / Citation: Means of escape in case of fire:
        "Every factory shall be provided with such means of escape in the case of fire as may reasonably be required in the circumstances of each case. If it appears to the safety officer that dangerous conditions in regard to escape in case of fire exist in any factory, he may by notice in writing require the person having control of the factory to make such alterations within such period as may be specified in the notice."
        (Art. 39 Factories and Machinery Rules)

        Methods of fastening doors:
        "While any person is within a factory for the purpose of employ the person is shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside."
        (Art. 40 Factories and Machinery Rules)

        Marks for windows, etc., affording means of escape of fire:
        "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 red letters of an adequate size."
        (Art. 41 Factories and Machinery Rules)

        Warning in case of fire:
        "Where in any factory more than twenty persons are employed in the same building, or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective provision shall be made for giving warning in case of fire, which shall be clearly audible throughout the building."
        (Art. 42 Factories and Machinery Rules)

        Familiarising employees with means of escape in fire:
        "Effective steps shall be taken to ensure that all the persons employed in a factory are familiar with the means of escape in case of fire and with routine to be followed in case of fire."
        (Art. 43 Factories and Machinery Rules)

        Regulations:
        "Notwithstanding anything to the contrary in any law provided, the Minister may make Regulations for the safety and health of persons employed upon or in connection with any business and for the provision of safety measures in the operation or use of plant, machinery equipment and premises used in connection with the operation of any business and in particular, but without restricting the generality of the foregoing, may make Regulations:
        (g) respecting the protection of employees from exposure to toxic chemicals, fire and explosion. (...)"
        (Art. 6.1.g Employment Safety Act (No. 3 of 1982))

        • Factory and Machinery Rules (Arts. 39 - 43)

        • Employment Safety Act (No. 3 of 1982). (Art. 6.1.g)

      • 9.4.8 Tobacco

        No data available.

      • 9.4.9 Asbestos

        No data available.

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

        No data available.

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: "Provides for the control of noxious and dangerous substances. Governs the licensing requirements for storage of such substances and for the inspection of premises. Grants the minister responsible for trade with the power to make regulations for the purposes of carrying out the act."

      • Noxious and Dangerous Substances (Control) Act, 1981 (no. 4 of 1982)

    • 9.7 Machineries

      Sometimes.

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: Fencing of dangerous machinery:
        "Every dangerous part of any machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every worker as it would be if securely fenced."
        (Art. 21)

        Fencing of flywheel:
        "Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in regulation 23, shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or not."
        (Art. 22)

        Fencing of electric generators, etc.:
        "Every part of electric generators, motors and rotary convertors, and every flywheel directly connected thereto, shall be securely fenced, unless it is in such a position or of such construction as to be as safe to every worker as it would be if securely fenced."
        (Art. 23)

        Appliances for disconnecting power:
        "Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place."
        (Art. 24)

        Securing of driving belt:
        "No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery."
        (Art. 25)

        Appliances for driving belts:
        "Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys."
        (Art. 26)

        Fencing of projecting set-screws, etc.:
        "Projecting set-screws, bolts or keys on any revolving shaft, spindle, wheel or pinion with which persons are liable to come in contact shall be securely fenced, cut off or countersunk."
        (Art. 27)

        Fencing of shafting:
        "All shafting which runs at a height of less than six and a half feet from the floor or place to which persons have access shall be securely fenced."
        (Art. 28)

        Fencing of vertical, etc., belts:
        "All vertical and inclined belts passing through floors or platforms shall be fenced to a height of at least four feet."
        (Art. 29)

        Fencing of overhead belts, etc.:
        "Every part, under which persons walk or are likely to pass, of heavy overhead belts, ropes or chains shall be securely fenced by wood or metal guards."
        (Art. 30)

        Construction and maintenance of safeguards:
        "All fencing or other safeguards provided in pursuance of these Rules shall be of substantial construction, and shall be constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when the parts are necessarily exposed for examination or for any lubrication or adjustment shown by the examination to be immediately necessary; and the examination, lubrication or adjustment shall be carried out only by persons specially appointed by a responsible manager. Such persons shall not be allowed to wear loose-fitting clothing or headgear."
        (Art. 31)

        • Factory and Machinery Rules (Art. 21 - 31)

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

        No data available.

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

        No data available.

      • 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: Construction and maintenance of safeguards:
        "All fencing or other safeguards provided in pursuance of these Rules shall be of substantial construction, and shall be constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when the parts are necessarily exposed for examination or for any lubrication or adjustment shown by the examination to be immediately necessary; and the examination, lubrication or adjustment shall be carried out only by persons specially appointed by a responsible manager. Such persons shall not be allowed to wear loose-fitting clothing or headgear."
        (Art. 31)

        Construction and maintenance of steam boiler:
        "Every part of every steam boiler shall be of good construction and free from patent defect. All fittings and attachments shall be properly maintained."
        (Art. 49)

        Periodical examination of steam boiler:
        "Every steam boiler and all its fittings and attachments shall be thoroughly examined by a competent person at least once in every period of fourteen months, and also after extensive repairs. A report of the result of very such examination in the form set out in the Second Schedule, containing the particulars therein indicated and signed by the person making the examination, shall, within twenty-eight days, be available for inspection at the factory."
        (Art. 50)

        • Factories and Machinery Rules, No.1 (Arts. 31, 49 and 50)

        • 9.7.5.1 List of equipment where applicable

          Summary / Citation: Maintenance and examination of steam receive:
          "Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by a competent person, so far as the construction of the receiver permits, at least once in every period of fourteen months. A record of the examination shall be kept available for inspection at a factory."
          (Art. 52)

          Maintenance of steam container:
          "Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from construction."
          (Art. 53)

          Construction and maintenance of air receiver:
          "Every air receiver and its fittings shall be of sound construction and properly maintained and shall be thoroughly cleaned and examined by a competent person at least once in every period of fourteen months; but in the case of a receiver of solid drawn construction and so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination. A record of the test and examination shall be kept available at the factory."
          (Art. 55)

          • Factories and Machinery Rules, No.1 (Arts. 52, 53 and 55)

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

      • 9.8.1 Protection of pregnancy at work

        No data available.

      • 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: Cleaning of machinery by women or young persons:
        "A woman or person under the age of eighteen years shall not be allowed to clean any dangerous part of the machinery while the machinery is in motion by the aid of mechanical power."
        (Art. 32 Factories and Machinery Rules)

        ""Woman" includes all persons of the female sex without distinction of age."
        (Art. 2 Employment of Women, Young Persons and Children Act)

        Restrictions on employment at night of women:
        (1) "Except as hereinafter provided, no woman shall be employed or work during the night in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed, and any person who employs any woman or permits her to work in contravention of this section is guilty of an offence."
        Exemptions:
        (2) "This section shall not apply:
        (a) to women holding responsible positions of management who are not ordinarily engaged in manual work;
        (b) in cases of force majeure, when in any undertaking there occurs an interruption of work which it was impossible to foresee, and which is not of a recurring character;
        (c) in cases where the work has to do with raw materials or materials in course of treatment which are subject to rapid deterioration, when night work is necessary to preserve the materials from certain loss."
        (Art. 10 Employment of Women, Young Persons and Children Act)

        Reduction of night period:
        "In industrial undertakings which are influenced by the seasons of the year, and in all cases where exceptional circumstances demand it, the Minister may, by Order, declare that the prohibition of the night work of women shall extend to a period of ten hours only instead of eleven hours on sixty days of the year."
        (Art. 12 Employment of Women, Young Persons and Children Act)

        • Factory and Machinery Rules (Art. 32)

        • Employment of Women, Young Persons and Children Act (L.f. 5 of 1938) (Chap. 90:06) (Arts. 2, 10 and 12)

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

        Summary / Citation: Cleaning of machinery by women or young persons:
        "A woman or person under the age of eighteen years shall not be allowed to clean any dangerous part of the machinery while the machinery is in motion by the aid of mechanical power."
        (Art. 32 Factories and Machinery Rules)

        ""Child" means a person under the age of fourteen years."
        ""Young person" means a person who has ceased to be a child and who is under the age of eighteen years."
        (Art. 2 Employment of Women, Young Persons and Children Act)

        Prohibition of employment of children:
        (1) "No child shall be employed or work in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed, and any person who employs any child or permits him to work in contravention of this section is guilty of an offence."
        Saving:
        (2) "This section shall not apply to the exercise of manual labour by any child under order of detention in a reformatory or industrial school, or by any child receiving instruction in manual labour in any school, provided that the work is approved and supervised by public authority."
        (Art. 4 Employment of Women, Young Persons and Children Act)

        Prohibition of employment of children on ships:
        "No child shall be employed or work on any ship other than a ship
        upon which only members of the same family are employed; and any person who employs any child or permits him to work in contravention of this section is guilty of an offence."
        (Art. 5 Employment of Women, Young Persons and Children Act)

        Restrictions on employment at night of young persons:
        (1) "Except as hereinafter provided, no young person shall be employed or work during the night in any public or private industrial undertaking, or in any branch thereof, other than an undertaking in which only members of the same family are employed, and any person who employs any young person or permits him to work in contravention of this section is guilty of an offence."
        Exemption of industries affected by exceptional circumstances:
        (2) "Young persons over the age of sixteen years may be employed or work during the night in the following industrial undertakings on work which, by reason of the nature of the process, is required to be carried on continuously day and night, that is to say:
        (a) manufacture of raw sugar;
        (b) any other undertaking which may be declared to come under the exception created by this subsection by Order of the Minister."
        Exemption in case of emergency.
        (3) "The provisions of subsection (1) shall not apply to the night work of young persons over the age of sixteen years in cases of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking."
        (Art. 7 Employment of Women, Young Persons and Children Act)

        Suspension of prohibition of night work:
        "When in case of serious emergency the public interest demands it, the Minister may, by Order, suspend the prohibition of night work in relation to young persons over the age of sixteen years as respects all industrial undertakings for such period as he may deem necessary."
        (Art. 13 Employment of Women, Young Persons and Children Act)

        Interpretation:
        "In this Act:
        "child" means a person who in the opinion of the Court, in a prosecution for an offence against this Act, is under the age of twelve years;
        "guardian" includes any person who is liable to maintain or has the actual custody of the child."
        (Art. 2 Employment of Children (Prohibition) Act)

        Prohibition of employment of a child:
        "No person shall take into his employment or employ in any occupation whatsoever any child; but a child may be employed in the domestic work or agricultural work of a light nature at home by the parents or guardian of the child."
        (Art. 3 Employment of Children (Prohibition) Act)

        "Any person who contravenes this Act is liable on summary conviction to a fine of five hundred dollars."
        (Art. 4 Employment of Children (Prohibition) Act)

        • Employment of Children (Prohibition) Act (Arts. 2 - 4 )

        • Factory and Machinery Rules (Art. 32)

        • Employment of Women, Young Persons and Children Act (L.f. 5 of 1938) (Chap. 90:06) (Arts. 2 - 13)

        Related CEACR Comments
        • Minimum Age Convention, 1973 (No. 138) Observation 2021
        • Minimum Age Convention, 1973 (No. 138) Direct Request 2001

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

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

      Yes.

      • 10.1.1 Work-related accidents

        Summary / Citation: Power of Minister to direct formal investigation of accidents and cases of occupational disease:
        (1) "The Minister may, where he considers it expedient to do so, direct a formal investigation to be held into any accident arising out of and in the course of the employment of any worker, or into any 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, and with respect to any investigation the following provisions shall have effect;
        (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 a 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 mentioned in this section;
        (c) the Court shall have for the purposes of the investigation, all powers of a Magistrate’s Court when exercising criminal 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 inquires 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 in his examination;
        (d) persons attending as witnesses before the Court shall be allowed such allowances as would be allowed under the High Court (Witnesses’ Allowances) Rules, and in case of dispute as to the amount to be allowed the dispute shall be referred by the Court to the Registrar of the High Court, who, on request signed by the Court, shall ascertain and certify the proper amount of such allowances;
        (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 investigating under this section (including the remuneration of any person appointed to act as assessor) 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 of the Labour Commissioner in the administration of this Act;
        (g) any person who without reasonable excuse (proof whereof shall lie on him), after having had the allowances, traveling expenses and fees (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the Court, or prevents or impedes the Court in the execution of its duty, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for one month 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 is guilty of a further offence and liable on summary conviction to a fine of five hundred dollars for every day on which the failure was so continued."
        (2) "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) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961). (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 to do so, direct a formal investigation to be held into any accident arising out of and in the course of the employment of any worker, or into any 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, and with respect to any investigation the following provisions shall have effect;
        (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 a 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 mentioned in this section;
        (c) the Court shall have for the purposes of the investigation, all powers of a Magistrate’s Court when exercising criminal 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 inquires 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 in his examination;
        (d) persons attending as witnesses before the Court shall be allowed such allowances as would be allowed under the High Court (Witnesses’ Allowances) Rules, and in case of dispute as to the amount to be allowed the dispute shall be referred by the Court to the Registrar of the High Court, who, on request signed by the Court, shall ascertain and certify the proper amount of such allowances;
        (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 investigating under this section (including the remuneration of any person appointed to act as assessor) 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 of the Labour Commissioner in the administration of this Act;
        (g) any person who without reasonable excuse (proof whereof shall lie on him), after having had the allowances, traveling expenses and fees (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the Court, or prevents or impedes the Court in the execution of its duty, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for one month 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 is guilty of a further offence and liable on summary conviction to a fine of five hundred dollars for every day on which the failure was so continued."
        (2) "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) Act)

        Work dangerous to health:
        (1) "Where it appears to the safety officer that in any factory:
        (a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other condition of work; or
        (b) by reason of any process or in the substances used in any process, there may be risk of injury to the health of persons employed in that process,
        he may notify the senior medical officer who shall thereupon appoint a medical officer to investigate and report."
        (2) "The medical officer appointed under this rule shall, for the purpose of conducting the investigation in respect of which he is appointed, have the same powers as a safety officer."
        (Art. 17 Factories and Machinery Rules)

        • Factory and Machinery Rules (Art. 17)

        • Accidents and Occupational Diseases (Notification) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961). (Art. 7)

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

      Summary / Citation: Notification of accidents:
      (1) "Where any accident arising out of and in the course of the employment of any worker occurs and:
      (a) causes loss of life to the worker; or
      (b) disables the worker for more than three days from earning full wages at the work at which he was employed at the time of the accident or, in the case of a worker who is a member of and employed by a registered co-operative society and who does not work for wages but is remunerated in whole or in part by shares in the profits or gross earnings of the co-operative society, disables the worker for more than three days from performing the work at which he was employed at the time of the accident,
      written notice of the accident, in the form, and accompanied by the particulars set out in the First Labour Schedule shall forthwith be sent by the employer to the Labour Commissioner."
      (2) "Where any accident causing disablement has been notified under this section and, after the notification, the accident results in the death of the person disabled, notice in writing of the death shall be sent by the employer to the Labour Commissioner as soon as the fact of the death comes to the knowledge of the employer."
      (3) "Any employer who fails to comply with the requirements of subsection (1) or subsection (2) is guilty of an offence."
      (4) "Where any accident to which this section applies occurs to a worker whose services are for the time being temporarily lent or let on hire to another person to the employer, such other person is, if he fails to report the accident to the employer immediately, guilty of an offence, and the employer is not liable under subsection (3) unless it is established that he knew of the accident."
      (Art. 3)

      Power to extend to dangerous occurrences provisions as to notification of accidents:
      "If the Minister considers that by reason of the risk of serious bodily injury to workers, it is expedient that notice should be given in every case of any special class of explosion, fire, collapse of buildings, accidents to machinery or plant, or other occurrences in places where workers are employed, he may, by Regulations made under this Act, extend the provisions of section 3 with such adaptations as may be specified in the Regulations to any such class of occurrences, whether death or disablement is caused or not, and may by any such Regulations allow the required notice of any occurrences to which the Regulations relate, instead of being sent forthwith, to be sent within the time limited by the Regulations."
      (Art. 4)

      Notification of occupational diseases and other diseases:
      (1) "Every qualified medical practitioner attending on or called in to visit a patient whom he believes to be suffering from any occupational disease contracted in the course of his employment as a worker shall, unless such a notice has been previously sent, forthwith send a notice addressed to the Labour Commissioner stating the name and full postage address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the place at which, and of the employer by whom, he is or was last employed."
      (2) "If any qualified medical practitioner fails to send any notice in accordance with the requirements of this section, he is guilty of an offence and liable on summary conviction to a fine of one hundred dollars."

      Second Schedule:
      (3) "Any employer who believes or suspects, or has reasonable grounds for believing or suspecting, that a case of occupational disease has occurred among the workers employed by him, shall forthwith send written notice of the case, in the form, and accompanied by the particulars set out in the Second Schedule, to the Labour Commissioner and to the Medical Officer for the Department of Health for the district within which the place of employment of the workers is situated, and the provisions of this Act with respect to the notification of accident as is mentioned in those provisions."
      (4) "The Minister may, as respects any class or description of place where workers are employed, by Regulations made under this Act, apply the provisions of this section to any disease other than an occupational disease."
      (Art. 5)

      • Accidents and Occupational Diseases (Notification) Act, Chap. 89:51 (Act No. 29 of 1952) (Cap. 108 of 1961). (Arts. 3, 4 and 5)

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

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: "In this Act:
      "safety officer" means a safety officer designated pursuant to section 8(1)."
      (Art. 2)

      "The Minister may designate any person as a safety officer under this Act."
      (Art. 8.1)

      • Employment Safety Act (No. 3 of 1982). (Arts. 2 and 8.1)

    • 11.2 OSH inspectors’ powers

      Yes.

      • 11.2.1 Power to enter workplaces

        Summary / Citation: Right to enter premises:
        "For the purposes of this Act, a safety officer may at any hour of the day or night enter upon any property, place or thing used in connection with the operation of any business and may inspect the same and may for such purposes, question any employee in the absence of his employer."

        • Employment Safety Act (No. 3 of 1982). (Art. 8.4)

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

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

        Summary / Citation: "A safety officer shall:
        (a) make such inspection and inquiries and carry out such tests as he considers necessary to assure himself that this Act and the Regulations are being complied with. (...)"
        (Art. 8.2.a)

        Power of safety officer:
        "A safety officer may, in the performance of his duties:
        (a) inspect and examine all records relating in any way to conditions of work that affect the safety or health of any person employed upon or in connection with the operation of any business;
        (b) take extracts from or make copies of any entry in the records mentioned in paragraph (a);
        (c) require an employer to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the conditions of work affecting the safety or health of all or any of his employees, and the materials and equipment used by them in their employment;
        (d) require any person employed upon or in connection with the operation of any business to make full disclosure, production and delivery to him of all records or documents or copies thereof, or other information orally or in writing, that he has in his possession or under his control and that in any way relate to the conditions of work affecting his safety or health, or that of his fellow workers, in his or their employment; and
        (e) take or remove for purposes of analysis samples of materials and substances used or handled by employees subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes."
        (Art. 8.3)

        Right to enter premises:
        "For the purposes of this Act, a safety officer may at any hour of the day or night enter upon any property, place or thing used in connection with the operation of any business and may inspect the same and may for such purposes, question any employee in the absence of his employer."
        (Art. 8.4)

        • Employment Safety Act (No. 3 of 1982). (Art. 8)

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

      • 11.2.3 Power to investigate

        Summary / Citation: Work dangerous to health:
        (1) "Where it appears to the safety officer that in any factory:
        (a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other condition of work; or
        (b) by reason of any process or in the substances used in any process, there may be risk of injury to the health of persons employed in that process,
        he may notify the senior medical officer who shall thereupon appoint a medical officer to investigate and report."
        (2) "The medical officer appointed under this rule shall, for the purpose of conducting the investigation in respect of which he is appointed, have the same powers as a safety officer."

        • Factory and Machinery Rules (Art. 17)

      • 11.2.4 Duty to provide advice on OSH

        No data available.

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

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

      • 11.3.1 Power to issue orders or notices

        No data available.

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

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

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: Imminent danger:
        "Where a safety officer considers that any place, matter or thing or part or parts thereof in a business, constitutes a source of imminent danger to the safety or health of persons employed therein or in connection with the operation thereof, and that the use of the place, matter or thing is thereby contrary to this Act and the Regulations, the safety officer:
        (a) shall notify the employer, or person in charge of the operation in which the place, matter or thing is used, of the danger and give directions in writing to the employer or person in charge directing him immediately or within such period of time as the safety officer specifies:
        - to take measures for guarding the source of danger or
        - to protect any person from the danger; and
        (b) may, if he considers that the imminent danger cannot otherwise be guarded or protected against immediately, direct that the place, matter or thing shall not be used until his directions are complied with; but nothing in this paragraph prevents the doing of any work or thing necessary for the proper compliance with the direction."

        • Employment Safety Act (No. 3 of 1982). (Art. 10.1)

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

      • 11.3.5 Power to initiate prosecutions

        No data available.

      • 11.3.6 Power to conduct prosecutions

        No data available.

      • 11.3.7 Other enforcement powers

        No data available.

    • 11.4 Application of sanctions by courts

      Sometimes.

      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: Offences by employers:
        (1) "An employer or any person in charge of the operation of any business who:
        (a) contravenes any provision of this Act or the Regulations;
        (b) fails or neglects to comply with a direction made by a safety officer; or
        (c) discharges or threatens to discharge or otherwise discharges against a person because that person:
        - has testified or is about to testify in any proceeding had or taken under this Act; or
        - has given any information to the Minister or a safety officer regarding the conditions of work affecting the safety or health of that person or any of his fellow employees,
        is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year."

        Penalty:
        (2) "A person who contravenes any provision of this Act or any Regulations made thereunder for the contravention of which no other punishment is hereinbefore provided is liable on summary conviction to a fine of three hundred dollars and to imprisonment for three months."

        • Employment Safety Act (No. 3 of 1982). (Art. 13)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: Offences by employers:
        (1) "An employer or any person in charge of the operation of any business who:
        (a) contravenes any provision of this Act or the Regulations;
        (b) fails or neglects to comply with a direction made by a safety officer; or
        (c) discharges or threatens to discharge or otherwise discharges against a person because that person:
        - has testified or is about to testify in any proceeding had or taken under this Act; or
        - has given any information to the Minister or a safety officer regarding the conditions of work affecting the safety or health of that person or any of his fellow employees,
        is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year."

        Penalty:
        (2) "A person who contravenes any provision of this Act or any Regulations made thereunder for the contravention of which no other punishment is hereinbefore provided is liable on summary conviction to a fine of three hundred dollars and to imprisonment for three months."

        • Employment Safety Act (No. 3 of 1982). (Art. 13)

      • 11.4.3 Non-financial sanctions

        No data available.

      • 11.4.4 Criminal liability

        Summary / Citation: Offences by employers:
        (1) "An employer or any person in charge of the operation of any business who:
        (a) contravenes any provision of this Act or the Regulations;
        (b) fails or neglects to comply with a direction made by a safety officer; or
        (c) discharges or threatens to discharge or otherwise discharges against a person because that person:
        - has testified or is about to testify in any proceeding had or taken under this Act; or
        - has given any information to the Minister or a safety officer regarding the conditions of work affecting the safety or health of that person or any of his fellow employees,
        is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year."

        Penalty:
        (2) "A person who contravenes any provision of this Act or any Regulations made thereunder for the contravention of which no other punishment is hereinbefore provided is liable on summary conviction to a fine of three hundred dollars and to imprisonment for three months."

        • Employment Safety Act (No. 3 of 1982). (Art. 13)

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Offences by employers:
        (1) "An employer or any person in charge of the operation of any business who:
        (a) contravenes any provision of this Act or the Regulations;
        (b) fails or neglects to comply with a direction made by a safety officer; or
        (c) discharges or threatens to discharge or otherwise discharges against a person because that person:
        - has testified or is about to testify in any proceeding had or taken under this Act; or
        - has given any information to the Minister or a safety officer regarding the conditions of work affecting the safety or health of that person or any of his fellow employees,
        is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year."

        Penalty:
        (2) "A person who contravenes any provision of this Act or any Regulations made thereunder for the contravention of which no other punishment is hereinbefore provided is liable on summary conviction to a fine of three hundred dollars and to imprisonment for three months."

        • Employment Safety Act (No. 3 of 1982). (Art. 13)

References

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