Grenada - 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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

  • 2.2.1.1 Migrant workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 2.2.1.2 Domestic workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 2.2.1.3 Home workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

  • 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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.2 Construction

  Summary/citation: "Interpretation of “factory”
  (1) Subject to the provisions of this section, “factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely—
  (b) the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or
  And (whether or not they are factories by reason of the foregoing definition) “factory” also includes the following premises in which persons are employed in manual labour, that is to say:
  - any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up,
  - any premises in which the construction, reconstruction or repair of locomotives, vehicles, or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purposes of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out,
  - any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction not being premises in which such operations or works are being carried on (...).
  (9) Any premises belonging to or in the occupation of the Crown or the Government or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown of the Government or any such authority shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain."
  (Art. 2)

  "Construction, repair, breaking up, etc., of ships
  (1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this section mentioned shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship, that is to say:
  (a) the provisions of Part III with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, cleaning of machinery in motion, hoists and lifts, steam boilers, and air pressure containers:
  Provided that the said provisions with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, hoists and lifts, steam boilers, and air pressure containers, shall not apply in relation to any such machinery or plant which is on board the ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in Grenada, and ordinarily used within the territorial waters of Grenada) and is the property of the ship owner and is ordinarily used in the working of the ship;
  (b) the provisions of Part IV with respect to the power to make subsidiary legislation and the power to take samples;
  (c) Parts V and VI;
  (d) the provisions of Part VIII with respect to general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages;
  (e) the provisions of Part IX with respect to powers and duties of inspectors and to subsidiary legislation made by the Minister;
  (f) Part X;
  (g) the provisions of Part XI with respect to factories belonging to or in the occupation of the Crown or the Government;
  (h) Part XI,
  and for the purpose of such provisions the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory.
  (2) Nothing in this Act shall apply to any such work as aforesaid done by the master or crew of a ship or done on board a ship during a trial run."
  (Art. 49)

  "Building operations and works of engineering construction:
  (1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to building operations and works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof, that is to say—
  (a) the provisions of Part II with respect to sanitary conveniences;
  (b) the provisions of Part III with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery in motion, steam boilers, air pressure containers and the power of a court of summary jurisdiction to make orders as to dangerous conditions and practices;
  (c) the provisions of Part IV with respect to the power to make subsidiary legislation and the power to take samples;
  (d) Parts V and VI;
  (e) the provisions of Part VIII with respect to the abstract of this Act, subsidiary legislation, general registers (so far as applicable), preservation of registers and records, duties of persons employed, and the prohibition of deductions from wages;
  (f) the provisions of Part IX with respect to powers and duties of inspectors and local health authorities and to subsidiary legislation made by the Minister:
  Provided that no order made under the provisions of this Act with respect to the powers of a court of summary jurisdiction to make orders as to dangerous conditions and practices, and no subsidiary legislation made under Part IV, shall operate so as to interfere with the design of any works of engineering construction with the adoption in the execution of those works of any method prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge being a method which is not inconsistent with the safety of the works or of the persons employed;
  (g) Parts XI and XI.
  (2) The provisions of this Act in their application to building operations and works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory:
  Provided that such of the provisions of this Act as require general registers to be kept and copies of the prescribed abstract of this Act and of subsidiary legislation or the prescribed abstract of subsidiary legislation to be kept posted up on the premises, shall be deemed to be complied with as respects building operations and works of engineering construction if the general register is kept at an office of the person undertaking the said operations or works, and copies of the abstract of this Act and of the subsidiary legislation or abstract thereof are kept posted up at each office, yard, or shop, or the person undertaking the operations or works at which persons employed by him or her on the operations or works attend, and in a position where they can easily be read by such persons.
  (3) Any person undertaking any building operations or works of engineering construction to which this Act applies shall, not later than seven days after the beginning thereof, serve on the inspector for the district a written notice stating the name and postal address of the person so undertaking the operations or works, the place and nature of the operations or works, whether any mechanical power is used and, if so, its nature, the name of the local health authority within whose district the operations or works are situated and such other particulars as may be prescribed:
  Provided that:
  (a) this subsection shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the senior inspector may direct; and
  (b) where a person undertakes any building operations or works of engineering construction in a place where such operations or works are in progress, he or she shall not be required to give such a notice as aforesaid if a notice was given in respect of the operations or works in progress."
  (Art. 50)

  • Factories Act (No. 22 of 1973). (Arts. 2, 49 and 50)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.3 Services

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 2.4.4 Public sector

  Summary/citation: "Interpretation of “factory”:
  (9) Any premises belonging to or in the occupation of the Crown or the Government or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown of the Government or any such authority shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. (...)"
  (Art. 2)

  "Application to factories belonging to or occupied by the Crown or Government:
  (1) This Act applies to factories belonging to or in the occupation of the Crown or the Government and to building operations and works of engineering construction undertaken by or on behalf of the Crown or the Government; but in case of any public emergency the Minister may by Order, to the extent and during the period named in the Order, exempt from this Act any factory belonging to the Crown or the Government or any building operations or works of engineering construction undertaken by or on behalf of the Crown or the Government, or any factory in respect of work which is being done on behalf of the Crown or the Government.
  (2) The powers conferred by this Act on the Sanitary Authority shall, in the case of a factory belonging to or in the occupation of the Crown or the Government, or building operations or works of engineering construction undertaken by or on behalf of the Crown or the Government, be exercised by an inspector under this Act; and any notice required by this Act to be sent to the Sanitary Authority shall in any such case be sent to the inspector for the district."
  (Art. 88)

  • Factories Act (No. 22 of 1973). (Arts. 2 and 88)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2017
  

• 2.4.5 Other

  Summary/citation: "General application of the Act:
  Save as in this Act otherwise expressly provided the provisions of this Act shall apply only to factories as defined by this Act but shall, except where the contrary intention appears, apply to all such factories."
  (Art. 87)

  "Interpretation of “factory”
  (1) Subject to the provisions of this section, “factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely:
  (a) the making of any article or of part of any article;
  And (whether or not they are factories by reason of the foregoing definition) “factory” also includes the following premises in which persons are employed in manual labour, that is to say:
  - any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory,
  - any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory,
  - any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried on,
  - any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution,
  - any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on,
  - any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made,
  - any premises in which the business of making or mending nets is carried on incidentally to the fishing industry,
  - any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain,
  - any premises in which the production of cinematograph films is carried on by way of trade for purposes of gain, so, however, that the employment at any such premises of theatrical performers, and of attendants on such theatrical performers shall not be deemed to be employment in a factory,
  - any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction not being premises in which such operations or works are being carried on,
  - any premises used for the storage of gas in a gas holder having a storage capacity of not less than five thousand cubic feet,
  - any waterworks, pumping station, filtration plant, sewerage works or sewerage outfall,
  - any premises in which any material is transformed or converted by way of trade or for purposes of gain.
  (2) Any line or siding which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.
  (3) A part of a factory may, with the approval in writing of the senior inspector, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.
  (4) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier shall be deemed to be a factory for the purposes of this Act, and the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.
  (5) No premises in or adjacent to and belonging to a quarry or mine being premises in which the only process carried on is the dressing or preparation for sale of minerals without the aid of mechanical power shall be deemed to be a factory.
  (6) Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.
  (7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.
  (8) Where the Minister, by Order, so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be different factories."
  (Art. 2)

  Part VII: Special Applications and Extensions

  "Premises where part of building is separate factory:
  Where part of a building is let off as a separate factory, the provisions of Part II with respect to cleanliness and lighting, and the provisions of Part III with respect to prime movers, transmission machinery, hoists and lifts, steam boilers, and the construction and maintenance of floors, passages and stairs, and subsidiary legislation made in pursuance of the said provisions, shall apply to any part of the building used for the purposes of the factory but not comprised therein, and the owner of the building shall be responsible for any contravention of the said provisions and shall also be responsible, instead of the occupier of the factory, for any contravention as respects the factory of the provisions of Part II with respect to sanitary conveniences and the provisions of Part III with respect to hoists and lifts, steam boilers, means of escape in case of fire, and safety provisions in case of fire, and for the contravention of subsidiary legislation made in pursuance of any of the said provisions, and for the purposes of the last named provisions with respect to means of escape in case of fire and safety provisions in case of fire, the factory shall be deemed to include any part of the building used for the purpose of the factory:
  Provided that the owner shall be responsible for the cleanliness of sanitary conveniences only when used in common by several tenants, and shall be responsible for any contravention of the provisions or subsidiary legislation relating to hoists and lifts, steam boilers, means of escape in case of fire, and safety provisions in case of fire, only in so far as the said provisions relate to matters within his or her control."
  (Art. 45)

  "Electrical stations:
  (1) The provisions of this Act shall apply to any premises in which persons are regularly employed or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.
  (2) The provisions of this Act shall also apply to any other premises in which any such processes or operations as aforesaid are carried on or performed for such supply as aforesaid, being premises large enough to admit the entrance of a person after the machinery or plant therein is in position, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.
  (3) No such premises as aforesaid shall be excluded from the provisions of this section by reason of the processes or operations being carried on, or the machinery or plant being situated, entirely or partially in the open air.
  (4) Subsections (1) and (2) shall not, except in so far as the Minister may by Order direct, apply to any premises where the aforesaid processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.
  (5) For the purposes of the definition in section 2 of the expression “factory”, electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Act to factories within the meaning of that definition."
  (Art. 46)

  "Application of the Act to institutions:
  (1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Act and subsidiary legislation made thereunder shall, subject as hereinafter in this section provided, apply to those premises.
  (2) If in any such institution to which this Act applies the persons having the control of the institution (hereinafter referred to as “the managers”) satisfy the Minister that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work as aforesaid 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 shall apply to the institution subject to the following modifications:
  (a) the managers may submit for the approval of the Minister a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the inmates, and if the Minister is satisfied that the provisions of the scheme are not less favourable to the inmates than the corresponding provisions of regulations made under this Act, the Minister may approve the scheme, and upon the scheme being so approved this Act shall, until the approval is revoked, apply as if the provisions of the scheme were substituted for the corresponding provisions of the regulations aforesaid;
  (b) the medical officer of the institution, if any, may, on the application of the managers, be appointed to be the examining surgeon for the institution;
  (c) the provisions of Part VIII as to the posting of an abstract and notices shall not apply, but among the particulars required to be shown in the general register there shall be included the prescribed particulars of the scheme, or where no scheme is in force the prescribed particulars as to hours of employment, intervals for meals or rest, and holidays, and other matters dealt with in this Act or in subsidiary legislation made thereunder;
  (d) in the case of premises forming part of an institution carried on for reformatory purposes an inspector shall not, without the consent of the managers or of the person having charge of the institution under the managers, examine an inmate of the institution save in the presence of one of the managers or of such person:
  Provided that the Minister, on being satisfied there is reason to believe that a contravention of the provisions of this Act or of subsidiary legislation made thereunder is taking place in any such institution, may suspend the operation of this paragraph as respects that institution to such extent as he or she may consider necessary;
  (e) the managers shall, not later than the 15th January in every year, send to the senior inspector a correct return in the prescribed form, specifying the names of the managers and the name of the person, if any, having charge of the institution under the managers, and such particulars as to the number, age, sex, and employment of the inmates and other persons employed in the work carried on in the institution as may be prescribed, and shall, if they fail to do so, be guilty of an offence and liable to a fine of one hundred and fifty dollars.
  (3) This Act shall not, except in so far as the Minister may by Order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of a Government department."
  (Art. 47)

  "Docks, wharves, quays and warehouses:
  (1) The provisions of this Act hereinafter in this subsection mentioned shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory, and as if the person having actual use or occupation of it or of any premises within it or forming part of it, were the occupier of a factory, that is to say:
  (a) the provisions of Part III with respect to sanitary conveniences;
  (b) the provisions of Part IV with respect to hoists and lifts, steam boilers, and air pressure containers so, however, that the owner of the hoist or lift, boiler, or air pressure container, as the case may be, shall, instead of the person deemed to be the occupier, be responsible for the observance of the said provisions and in the event of a contravention thereof shall be guilty of an offence;
  (c) the provisions of Part IV with respect to prime movers, transmission machinery, other machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery in motion, and the power of a court of summary jurisdiction to make orders as to dangerous factories, conditions and practices;
  (d) the provisions of Part V with respect to the power to make subsidiary legislation and the power to take samples;
  (e) Parts VI and VII;
  (f) the provisions of Part VIII with respect to premises where part of a building is a separate factory;
  (g) the provisions of Part X with respect to the abstract of this Act, subsidiary legislation and notices, general registers (so far as applicable), preservation of registers and records, duties of persons employed, prohibition of deductions from wages, and weights, measures and weighing and measuring instruments used in ascertaining wages;
  (h) the provisions of Part XI with respect to powers and duties of inspectors and to subsidiary legislation made by the Minister;
  (i) Part XII;
  (j) the provisions of Part XIII with respect to factories belonging to or in the occupation of the Crown or the Government;
  (k) Part XIV.
  (2) Subject as hereinafter in this subsection provided, the provisions of this Act mentioned in paragraph (b) (subject to the modifications mentioned in that paragraph), in paragraph (c) (except the provisions with respect to construction and sale of new machinery), and in paragraphs (d), (e), (g), (h), (i) and (j) of the foregoing subsection shall apply to the processes of loading, unloading or fuelling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory:
  Provided that the provisions of this Act mentioned in the said paragraphs (b) and (c) shall not apply in relation to any such machinery or plant which is on board a ship (other than a ship owned or worked by or on behalf of the Government, or any owner or hirer resident in Grenada, and ordinarily used within the territorial waters of Grenada) and is the property of the ship owner:
  Provided also that the provisions mentioned in the said paragraph (c) with respect to construction and sale of new machinery shall not apply in relation to any such machinery which is installed or intended to be installed on board any ship.
  For the purposes of this subsection, the expression “plant” includes any gangway or ladder used by any person employed to load or unload or to fuel a ship.
  (3) The provisions of Part III with respect to dangerous ways, works or plant, construction and maintenance of floors, passages and stairs, safe means of access and place of employment, means of escape in case of fire, and safety provisions in case of fire shall apply to every warehouse mentioned in subsection (1) as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory."
  (Art. 48)

  "List of outworkers to be kept in certain trades:
  (1) In the case of persons employed in such classes of work as may, from time to time, be specified by Order of the Minister, the occupier of every factory and every contractor employed by any such occupier in the business of the factory shall:
  (a) keep in the prescribed form and manner, and with the prescribed particulars, lists showing the names and addresses of all persons (hereinafter referred to as out workers) directly employed by him or her, either as workers or as contractors, in the business of the factory, outside the factory, and of the places where they are employed;
  (b) send to an inspector such copies of or extracts from those lists as the inspector may, from time to time, require; and
  (c) send to the Sanitary Authority during the month of February and the month of August in each year copies of those lists, showing all outworkers so employed by him or her during the preceding six months.
  (2) The lists kept by the occupier or contractor shall be open to inspection by any inspector, and by any officer duly authorised by the Sanitary Authority, and the copies sent to the Authority shall be open to inspection by any inspector or officer of any Ministry or Government Department.
  (3) This section shall apply to any place from which any work is given out in connection with the business of a factory (whether the materials for the work are supplied by the occupier or not), and to the occupier of that place, and to every contractor employed by the occupier in connection with the said work, as if that place were a factory.
  (4) In the event of a contravention of this section by the occupier of a factory or place or by a contractor the occupier or contractor shall be guilty of an offence and liable to a fine of two hundred and fifty dollars."
  (Art. 51)

  "Employment of persons in premises injurious or dangerous to health:
  (1) Where work in respect of which the last preceding section applies is carried on for the purpose of or in connection with the business of a factory in any place which is, in the opinion of the Sanitary Authority, injurious or dangerous to the health of the persons employed therein, the Sanitary Authority may give notice in writing to the occupier of the factory, or to any contractor employed by him or her, setting forth particulars of the respects in which the place is, in their opinion, so injurious or dangerous, and the reasons for that opinion and, if the occupier or contractor after the expiration of ten days from the receipt of such notice gives out work to be done in that place, he or she shall, unless it is proved to the satisfaction of the court dealing with the case that the place is not injurious or dangerous in the respects set forth in the notice, be guilty of an offence.
  (2) For the purpose of this section, any place from which work is given out shall be deemed to be a factory."
  (Art. 52)

  • Factories Act (No. 22 of 1973). (Arts 2, 45-52 and 87)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  No data available.
  

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: MISSION STATEMENT:
  To provide efficient and effective Labour Administration practices for sustained socio-economic development.

  OBJECTIVES:
  1. To provide general support services (management, finance, registry and Human Resources) for the Ministry.
  2. To provide advisory services to Trade Unions, Employees and Employers (Tripartism).
  3. To encourage and promote collective bargaining as the machinery for voluntary negotiation between employers and workers.
  4. To provide efficient conciliation and mediation services for dispute resolution.
  5. To undertake Labour Legislative reforms.
  6. To ensure a functional and effective Employment Service.
  7. To establishment a functional Labour Market Information and Public Relations Systems.
  8. To carry out labour inspection services in accordance with existing legislation.
  9. To promote National Development Policies.

  Remarks / comments: More information is available on the Ministry of Legal Affairs, Labour, Carriacou & Petite Martinique Affairs & Local Government webiste: http://www.gov.gd/ministries/labour.html

• 3.1.2 Chairperson and composition

  Summary/citation: "Department of Labour and powers of the Minister:
  (1) There shall be a Department of Labour under the authority of the Minister.
  (2) The Department of Labour shall administer and carry out such other functions under this Act and under any other legislation as the Minister may direct.
  (3) The Minister may delegate any power authorised by this Act, but shall have the right to revoke the delegation at anytime and no delegation shall prevent the exercise of any power by the Minister.
  (4) In the event of the establishment of a Ministry of Labour all references in this Act to the Department of Labour shall be construed as a reference to the Ministry of Labour."
  (Art. 6)

  Officers of the Department of Labour:
  (1) "There shall be a Labour Commissioner, a Deputy Labour Commissioner and such number of Senior Labour Officers and Labour Officers as may be necessary.
  (2) There shall also be other consultants, advisers, officers and clerks in the Department of Labour as may be necessary.
  (3) The Deputy Labour Commissioner, the Senior Labour Officers, Labour Officers and the other officers and clerks shall perform such duties as may be assigned to them by the Labour Commissioner.
  (4) All appointments to the Department of Labour are to be made by the Public Service Commission."
  (Art. 7)

  • Employment Act, 1999 (No. 14 of 1999). (Arts. 6,7)

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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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

  No data available.
  

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: "First-aid:
  (1) There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of the standard prescribed by the Schedule to these Regulations and where more than one hundred and fifty persons are employed an additional box or cupboard for every additional one hundred and fifty persons.
  For the purpose of this provision, the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred and fifty shall be reckoned as one hundred and fifty.
  (2) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard, and every first-aid box or cupboard shall be plainly marked “First-aid”.
  (3) Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall be readily available during working hours and in the case of a factory where more than fifty persons are employed shall be sufficiently trained in first-aid treatment.
  (4) If an ambulance room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Senior Inspector of Factories may by certificate exempt the factory from the requirements of this section to such extent and subject to such conditions as he or she may specify in the certificate."

  • Factories (Welfare) Regulations (Art. 6 and Schedules 1 and 2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.2 Sanitary installations

  Summary / Citation: "Sanitary conveniences:
  Sufficient and suitable sanitary conveniences for the persons employed in a factory shall be provided, maintained and kept clean, and adequate lighting for the conveniences shall be provided and maintained and, where persons of both sexes are or are intended to be employed, such conveniences shall afford proper separate accommodation for persons of each sex."
  (Art. 10 Factories Act (No. 22 of 1973))

  "Facilities for washing:
  There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing (including an adequate supply of soap) and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition."
  (Art. 3 Factories (Welfare) Regulations)

  "Application:
  These Regulations shall apply to all factories as defined in section 2 of the Act; and to electrical stations to which section 45(1) and (2) of the Act apply."
  (Art. 2 Factories (Sanitary Accommodation) Regulations)

  "Sanitary conveniences:
  (1) In the case of factories where females are employed, there shall be at least:
  1 sanitary convenience for 1 to 12 persons;
  2 sanitary conveniences for 13 to 25 persons;
  3 sanitary conveniences for 26 to 40 persons;
  4 sanitary conveniences for 41 to 57 persons;
  5 sanitary conveniences for 58 to 77 persons;
  6 sanitary conveniences for 78 to 100 persons.
  From 101 to 200 persons, additional sanitary conveniences shall be added at the rate of 5 per cent.
  For over 200 persons, sanitary conveniences shall be added at the rate of 4 per cent.
  (2) In cases where males are employed, there shall be sanitary conveniences (not being a convenience suitable merely as a urinal), at the following rate:
  1 for 1 to 15 persons;
  2 for 16 to 35 persons;
  3 for 36 to 65 persons;
  4 for 66 to 100 persons.
  From 101 to 200 persons, sanitary conveniences shall be added at the rate of 3 per cent. For over 200 persons, additions shall be made at the rate of 2½ per cent.
  (3) In the case of factories which employ six male persons or less, and where a suitable sanitary convenience is provided according to paragraph (2), no urinal need be provided. However, for factories employing seven or more male persons, there shall be provided, in addition to sanitary conveniences as required under paragraph (2), urinals at the following rate:
  1 for 7 to 20 persons;
  2 for 21 to 45 persons;
  3 for 46 to 70 persons;
  4 for 71 to 100 persons.
  From 101 to 200 persons, additional urinals shall be provided at the rate of 3 per cent. For over 200 persons, additional urinals shall be provided at the rate of 2½ per cent:
  Provided that in the case of a factory where the number of males employed exceeds 500, not being a factory constructed, enlarged or converted for use as a factory after the commencement of these Regulations, it shall be sufficient to provide one (1) such convenience as aforesaid for every sixty males if sufficient urinal accommodation is provided, and if the Chief Public Health Inspector issues a certificate (which shall be kept attached to the general register so long as it remains in force), that in his or her opinion the arrangements at the factory are such that this proviso may properly be applied to the factory. Any such certificate shall be liable at any time to be revoked by the Chief Public Health Inspector by notice in writing.
  (4) In the case of factories where females are employed, wash basins or ablutions shall be provided as follows:
  1 for every 15 persons to 105 persons.
  For over 105 persons, additional wash basins shall be provided at the rate of 5 per cent.
  (5) In the case of factories where males are employed, wash basins or ablutions shall be provided as follows:
  1 for every 15 persons up to 105 persons.
  For over 105 persons, additional wash basins shall be provided at the rate of 5 per cent.
  (6) Baths, preferably showers, shall be provided to meet the requirements of particular trades or occupations.
  (7) Every sanitary convenience shall be sufficiently ventilated and shall not communicate with any work-room except through the open air or through an intervening ventilated space:
  Provided that in the case of work-rooms in use prior to the commencement of these Regulations, and mechanically ventilated in such a manner that air cannot be drawn into the work-room through the sanitary conveniences, an intervening ventilated space shall not be required.
  (8) Every sanitary convenience (other than a convenience suitable merely as a urinal), shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.
  (9) Urinals shall be so placed or so screened as not to be visible from other parts of the factory where persons work or pass.
  (10) The sanitary conveniences shall be so arranged as to be conveniently accessible to the persons employed at all times while they are at the factory.
  (11) In cases where persons of both sexes are employed the sanitary conveniences for each sex shall be so placed or so screened that the interior shall not be visible, even when the door of any convenience is open, from any place where persons of the other sex have to work or pass; and, if the conveniences for one sex adjoin those for the other sex, the approaches shall be separate. The conveniences for each sex shall be indicated by a suitable notice."
  (Art. 3 Factories (Sanitary Accommodation) Regulations)

  Remarks / comments: "Enforcement by the Sanitary Authority of certain provisions of Part II:
  (1) The foregoing provisions of this Part relating to sanitary conveniences and subsidiary legislation made in pursuance thereof shall be enforced by the Sanitary Authority.
  (2) The foregoing provisions of this Part relating to cleanliness, overcrowding, ventilation and drainage of floors and subsidiary legislation made in pursuance thereof shall, as respects any factory in which mechanical power is not used, be enforced by the Sanitary Authority.
  (3) The Sanitary Authority shall keep a register of all factories with respect to which the duty of enforcing any of the said provisions is imposed upon them.
  (4) For references in any of the foregoing provisions of this Part to an inspector there shall, as respects any factory or part thereof in which that provision is enforceable by the Sanitary Authority, be substituted references to an officer of the Sanitary Authority."
  (Art. 11 Factories Act)

  • Factories Act (No. 22 of 1973). (Art. 10)

  • Factories (Sanitary Accommodation) Regulations (Arts. 2 and 3)

  • Factories (Welfare) Regulations (Art. 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.3 Drinking water

  Summary / Citation: "Supply of drinking water:
  (1) There shall be provided and maintained at suitable points conveniently accessible to all persons employed, an adequate supply of drinking water which shall be clean and wholesome.
  (2) A supply of drinking water which is not laid on, shall be renewed at least daily and shall be contained in suitable vessels and all practicable steps shall be taken to preserve the water and vessels clean and free from contamination.
  (3) A drinking water supply (whether laid on or not) shall in such cases as an inspector may direct be clearly marked “drinking water”."

  • Factories (Welfare) Regulations (Art. 2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 4.8.4 Rest and eating areas

  Summary / Citation: "Accommodation for clothing:
  (1) There shall be provided and maintained for the use of employed persons, adequate and suitable accommodation for clothing not worn during working hours.
  (2) The accommodation for clothing shall be separate from any workroom or store where such separation is necessary to prevent the clothing from coming into contact with—
  (a) lead, arsenic or other poisonous substance; or
  (b) any substance liable to cause ulceration, dermatitis or other affection of the skin; or
  (c) any substantial quantity of dust or moisture of any kind."
  (Art. 4)

  "Facilities for sitting:
  (1) Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to 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) Where a substantial proportion of any work can properly be done sitting, there shall be provided and maintained for any employed person doing that work a seat suitable for him or her and the work."
  (Art. 5)

  • Factories (Welfare) Regulations (Arts. 4 and 5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

5.1 Elements of an OSH management system

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 5.1.5 Training and information on risks

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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)

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

  Summary / Citation: "Prohibition of use of white phosphorus in manufacture of matches
  (1) No person shall use white phosphorus in the manufacture of matches.
  (2) For the purposes of this Part, the expression “white phosphorus” means the substance usually known as white or yellow phosphorus."

  • Factories Act (No. 22 of 1973). (Art. 31)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 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

  No data available.
  

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: "Temperature:
  Effective provision shall be made for securing and maintaining a reasonable temperature in each workroom."

  • Factories (Welfare) Regulations (Art. 7)

• 9.4.7 Fire risks

  Summary / Citation: "Means of escape in case of fire:
  (1) (a) Every factory to which this section applies shall be certified by the fire authority as being provided with such means of escape in case of fire for the persons employed therein as may reasonably be required in the circumstances of each case and, if any premises with respect to which no such certificate is in force are used as a factory, the occupier shall be guilty of an offence and liable to a fine of one thousand five hundred dollars, and if the contravention in respect of which he or she was so convicted is continued after the conviction, he or she shall (subject to the provisions of section 72) be guilty of a further offence and liable to a fine of one hundred and fifty dollars for each day on which the offence was so continued.
  (b) It shall be the duty of the fire authority to examine every such factory and, on being satisfied that the factory is so provided as aforesaid, to give such a certificate accordingly. The certificate shall specify precisely and in detail the means of escape provided, and shall contain particulars as to the maximum number of persons employed or proposed to be employed in the factory as a whole and, if the fire authority thinks fit, in any specified part thereof, and as to any explosive or highly inflammable material stored or used and as to other matters taken into account in granting the certificate. The certificate shall be attached by the occupier to the general register and a copy of it shall be sent by the fire authority to the inspector for the district and also to the Sanitary Authority.
  (2) All means of escape specified in the certificate as aforesaid shall be properly maintained and kept free from obstruction.
  (3) In the case of any factory constructed or converted for use as such before the coming into operation of this section, no offence shall be deemed to be committed under this section by reason of the use of the factory during any period that may elapse between the coming into operation of this section and the grant or refusal of a certificate by the fire authority after examining the factory under this section, and if the fire authority refuses to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the fire authority.
  (4) If, after the grant of a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give notice in writing to the fire authority of the proposal and also to the Sanitary Authority.
  (5) If the fire authority on receipt of the notice mentioned in the last foregoing subsection is of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time the fire authority is satisfied that by reason of changed conditions the existing means of escape have become insufficient, the fire authority may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice.
  (6) If it appears to an inspector that dangerous conditions in regard to escape in case of fire exist in any factory to which this section applies he or she may give notice thereof in writing to the fire authority, and it shall be the duty of the fire authority forthwith to examine the factory, and the fire authority may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice.
  (7) The occupier shall, within the period specified in any notice of the fire authority under this section, carry out any alterations required by the notice, and upon their being carried out the fire authority shall amend the certificate or issue a new certificate, and shall send a copy of the amended or new certificate to the inspector for the district, and if the alterations are not so carried out, the fire authority shall, without prejudice to the taking of other proceedings, cancel the certificate.
  (8) When notice is given by an inspector to the fire authority under this section the fire authority shall inform the inspector and the Sanitary Authority of any action taken for remedying the dangerous conditions.
  (9) If the occupier of any factory is aggrieved by the refusal of the fire authority to grant a certificate under this section or by being required by the fire authority under this section to carry out any alterations at the factory or by the cancellation of a certificate, he or she may appeal by way of complaint, within twenty-one days of the refusal, notice of requirement, or cancellation, to a court of summary jurisdiction, and, pending the final determination of the appeal, no offence shall be deemed to be committed under this section by reason that the premises to which the appeal relates are used as a factory without a certificate being in force with respect thereto; and the decision of the court shall be binding on the occupier and the fire authority.
  (10) If it appears to an inspector that the conditions in regard to escape in case of fire in any factory to which this section applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger he or she may, in lieu of serving a notice on the fire authority under the foregoing provisions of this section, make a complaint to a court of summary jurisdiction, and the court may, on being satisfied of the matters aforesaid, by order prohibit the use of the factory or part thereof, or its use for the particular process or work, until such works have been executed as are in the opinion of the court necessary to remedy the danger. When any works have been executed in pursuance of such an order as aforesaid, the inspector shall give notice thereof to the fire authority, who shall amend any certificate in force under this section in respect of the factory, or issue a new certificate, as the case may require.
  (11) An examination by the fire authority under this section shall only be carried out by officers authorised in writing by the fire authority to carry out that examination or generally to carry out examinations under this section.
  (12) This section applies to every factory:
  (a) in which more than twenty persons are employed;
  (b) in which more than ten persons are employed in the same building on any floor above the ground floor of the building; or
  (c) in or under which explosive or highly inflammable materials are stored or used."
  (Art. 27)

  "Safety provisions in case of fire:
  (1) While any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside.
  (2) Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted for use as a factory after the coming into operation of this section, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards.
  (3) In any factory constructed or converted for use as a factory before the coming into operation of this section, in which more than ten persons are employed in the same building above the ground floor, any door which is not kept continuously open, at the foot of a staircase affording a means of exit from the building shall, except in the case of sliding doors, be constructed to open outwards.
  (4) Every hoistway or liftway inside a building constructed after the coming into operation of this section shall, subject as hereinafter provided, be completely enclosed with fire resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire resisting materials:
  Provided that any such hoistway or liftway shall be enclosed at the top only by some material easily broken by fire, or be provided with a vent at the top.
  (5) 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 distinctly and conspicuously marked by a notice printed in red letters of an adequate size.
  (6) 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.
  (7) 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. 28)

  "Instructions as to use of means of escape in case of fire:
  Where in any factory more than twenty persons are employed in the same building above the ground floor or explosive or highly 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 and their use and with the routine to be followed in case of fire."
  (Art. 29)

  • Factories Act (No. 22 of 1973). (Arts. 27, 28 and 29)

• 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: "Prime movers:
  (1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or other enclosure or not.
  (2) The head and tail race of every water-wheel and of every water-turbine shall be securely fenced.
  (3) Every part of electric generators, motors and rotary converters, 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 person employed or working on the premises as it would be if securely fenced."
  (Art. 13)

  "Transmission machinery:
  (1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.
  (2) 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.
  (3) 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.
  (4) 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 which form part of the 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."
  (Art. 14)

  "Other machinery:
  (1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced:
  Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this section shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part.
  (2) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such position as to be as safe to every person employed or working on the premises as it would be if securely fenced."
  (Art. 15)

  "Dangerous ways, works or plant:
  Every dangerous part of the ways, works or plant shall be so enclosed, covered, fenced, or otherwise effectively guarded as to prevent danger."
  (Art. 16)
  

  • Factories Act (No. 22 of 1973). (Arts 13-16)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 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: "Construction and sale of new machinery:
  (1) In the case of any machine in a factory being a machine intended to be driven by mechanical power—
  (a) every set-screw, bolt, nut, key or key-way on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and
  (b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased.
  (2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory any machine intended to be driven by mechanical power which does not comply with the requirements of this section shall be guilty of an offence and liable to a fine of three thousand dollars.
  (3) Nothing in this section shall apply to any machine constructed before the passing of this Act."

  • Factories Act (No. 22 of 1973). (Art. 18)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: "Construction and maintenance of fencing:
  All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part or subsidiary legislation made in pursuance thereof shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are exposed for examination, lubrication or adjustment which it is necessary to carry out while they are in motion."
  (Art. 17)

  "Cleaning of machinery in motion:
  No person shall clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion by mechanical power, and no person shall clean any part of any machine if the cleaning thereof would expose him or her to risk of injury from any moving part either of that machine or of any adjacent machinery."
  (Art. 19)

  "Construction and maintenance of floors, passages, stairs and guard-rails:
  (1) All floors, steps, stairs, passages and gangways and all hand-rails and guard-rails shall be of sound construction and properly maintained.
  (2) Every staircase and flight of steps in a building or affording a means of exit from a building shall be provided with a substantial hand-rail which, if the staircase or flight of steps has an open side, shall be on that side, and, in the case of a staircase or flight of steps having two open sides, or in the case of a staircase or flight of steps which, owing to the nature of the construction thereof or the condition of the treads or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided on both sides. Any open side of a staircase or flight of steps shall also be guarded by the provision of a lower rail or other effective means.
  (3) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.
  (4) Every ladder shall be soundly constructed and properly maintained and shall be of adequate length for the purpose for which it is at any time being used."
  (Art. 20)

  • Factories Act (No. 22 of 1973). (Arts. 17, 19 and 20)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 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: "“Woman” means a person of the female sex who has attained the age of eighteen years."
  (Art. 3)

  "Employment of women and young persons in factories:
  No woman or young person shall be employed in a factory otherwise than in accordance with subsidiary legislation made by the Minister under section 34 or 35."
  (Art. 43)

  • Factories Act (No. 22 of 1973). (Arts. 3 and 43)

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

  Summary / Citation: "“Young person” means a person who has attained the age of fourteen and has not attained the age of eighteen years."
  (Art. 3)

  "Application of the Act to young persons employed in factories in certain occupations:
  A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder."
  (Art. 4)

  "Employment of women and young persons in factories:
  No woman or young person shall be employed in a factory otherwise than in accordance with subsidiary legislation made by the Minister under section 34 or 35."
  (Art. 43)

  "Prohibition of employment of children in factories:
  No child shall be employed in any factory, or in the business of a factory outside the factory, or in any business, trade, or process, ancillary to the business of a factory."
  (Art. 44)

  • Factories Act (No. 22 of 1973). (Arts. 3, 4, 43 and 44)

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

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: "General registers:
  (1) There shall be kept in every factory, or in such place outside the factory as may be approved by the inspector for the district, a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register:
  (a) the prescribed particulars as to the young persons employed in the factory;
  (b) the prescribed particulars as to the washing, whitewashing or colour-washing, painting or varnishing, of the factory;
  (c) the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to an inspector;
  (d) all reports and particulars required by any other provision of this Act or subsidiary legislation made thereunder to be entered in or attached to the general register; and
  (e) such other matters with respect to the provisions of this Act or subsidiary legislation made thereunder as may be prescribed.
  (2) There shall be attached to the general register a copy of the certificate of the fire authority relating to means of escape in the case of fire.
  (3) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his or her duties under this Act."
  (Art. 55)

  "Preservation of registers and records:
  The general register and every other register or record kept in pursuance of this Act shall be preserved and kept available for inspection by any inspector or by the examining surgeon for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record."
  (Art. 56)

  • Factories Act (No. 22 of 1973). (Arts. 55 and 56)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: "General registers:
  (1) There shall be kept in every factory, or in such place outside the factory as may be approved by the inspector for the district, a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register:
  (a) the prescribed particulars as to the young persons employed in the factory;
  (b) the prescribed particulars as to the washing, whitewashing or colour-washing, painting or varnishing, of the factory;
  (c) the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to an inspector;
  (d) all reports and particulars required by any other provision of this Act or subsidiary legislation made thereunder to be entered in or attached to the general register; and
  (e) such other matters with respect to the provisions of this Act or subsidiary legislation made thereunder as may be prescribed.
  (2) There shall be attached to the general register a copy of the certificate of the fire authority relating to means of escape in the case of fire.
  (3) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his or her duties under this Act."
  (Art. 55)

  "Preservation of registers and records:
  The general register and every other register or record kept in pursuance of this Act shall be preserved and kept available for inspection by any inspector or by the examining surgeon for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record."
  (Art. 56)

  • Factories Act (No. 22 of 1973). (Arts. 55 and 56)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

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: "Powers of inspectors:
  (1) An inspector shall, for the purpose of the execution of this Act, have power to do all or any of the following things, that is to say—
  (a) to enter, inspect, and examine at all reasonable times, by day and night, a factory, and every part thereof, when he or she has reasonable cause to believe that any person is employed therein, and to enter by day any place which he or she has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he or she has reasonable cause to believe that explosive or highly inflammable materials are stored or used;
  (b) to enter any building or place in which he or she has reasonable cause to believe that a steam boiler, or a hoist or lift, or an air pressure container is worked or used, whether such building or place is one to which this Act applies or not;
  (...)
  (2) The occupier of every factory, his or her agents and employees, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his or her powers under this Act in relation to that factory."
  (Art. 63 Factories Act)

  • Factories Act (No. 22 of 1973). (Art. 63)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2021
  • 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 take samples:
  (1) An inspector, at any time after informing the occupier, or if the occupier is not readily available a foreman or other responsible person in the factory, may take for analysis sufficient samples of any material in use or mixed for use in the manufacture of matches, or of any substance used or intended to be used in a factory being a substance in respect of which he or she suspects a contravention of any provision of this Act or subsidiary legislation made thereunder, or which in his or her opinion is likely to cause bodily injury to the persons employed.
  (2) The occupier or the foreman or other responsible person aforesaid may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and:
  (a) to deliver one part to the occupier, or the foreman or other responsible person aforesaid;
  (b) to retain one part for future comparison;
  (c) to submit one part to the analyst,
  and any analysis under this section shall be carried out by a Government department.
  (3) A certificate purporting to be a certificate by a Government Chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as 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.
  (4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection he or she shall be guilty of an offence and liable to a fine of one thousand five hundred dollars."
  (Art. 37)

  "Powers of inspectors:
  (1) An inspector shall, for the purpose of the execution of this Act, have power to do all or any of the following things, that is to say:
  (d) to require the production of the registers, certificates, notices, and documents dept in pursuance of this Act and the subsidiary legislation made thereunder, and to inspect, examine, and copy any of them;
  (e) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and the subsidiary legislation made thereunder and the Acts and subsidiary legislation for the time being in force relating to public health are complied with, so far as respects a factory and any persons employed in a factory and any young persons to whom any subsidiary legislation under this Act applies;
  (f) to require any person whom he or she finds in a factory to give such information as it is in his or her power to give as to who is the occupier of the factory;
  (g) to examine, either alone or in the presence of any other person, as he or she thinks fit, with respect to matters under this Act, every person whom he or she finds in a factory, or whom he or she has reasonable cause to believe to be or to have been within the preceding two months employed in a factory or in any employment mentioned in any of the subsidiary legislation under this Act, and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he or she is so examined; so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself or herself;
  (h) to exercise such other powers as may be necessary for carrying this Act into effect. (...)
  (2) The occupier of every factory, his or her agents and employees, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his or her powers under this Act in relation to that factory.
  (3) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any register, certificate, notice or document which he or she is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his or her duties under this Act."
  (Art. 63)

  • Factories Act (No. 22 of 1973). (Arts. 37 and 63)

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

• 11.2.3 Power to investigate

  Summary / Citation: "Administration of Act:
  The Labour Commissioner shall be responsible for the administration of this Act."
  (Art. 11 Accidents and Occupational Diseases (Notification) Act)

  "Duty of examining surgeon to investigate and report in certain cases:
  (1) It shall be the duty of the examining surgeon to investigate and report:
  (a) upon cases of death or injury caused by exposure in a factory to fumes or other noxious substances, or due to any other special cause specified in instructions of the Minister as requiring investigation;
  (b) upon any case of death or injury which the inspector for the district in pursuance of any general or special instructions of the Minister may refer to him or her for that purpose; and
  (c) upon any case of disease of which he or she receives notice under this Act.
  (2) The examining surgeon, for the purpose of an investigation under this section, shall have the like powers as an inspector, including power to enter any room in a building to which the person killed, injured, or affected has been removed."
  (Art. 42 Factories Act)

  • Factories Act (No. 22 of 1973). (Art. 42)

  • Accidents and Occupational Diseases (Notification) Act, 1951 (Art. 11)

• 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 2021
  

11.3 OSH inspectors’ enforcement powers

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

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: "Powers of inspectors to conduct proceedings before magistrates:
  An inspector, if authorised by the Minister, may, although he or she is not of counsel, or a solicitor, prosecute, conduct, or defend before a court of summary jurisdiction any information, complaint, or other proceeding arising under this Act or in the discharge of his or her duty as inspector."

  • Factories Act (No. 22 of 1973). (Art. 64)

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: "Powers of inspectors to conduct proceedings before magistrates:
  An inspector, if authorised by the Minister, may, although he or she is not of counsel, or a solicitor, prosecute, conduct, or defend before a court of summary jurisdiction any information, complaint, or other proceeding arising under this Act or in the discharge of his or her duty as inspector."

  • Factories Act (No. 22 of 1973). (Art. 64)

• 11.3.7 Other enforcement powers

  Summary / Citation: "Powers of an inspector as to sanitary defects remediable by Sanitary Authority:
  (1) Where an inspector finds any act or default, in relation to any drain, sanitary convenience, water supply, nuisance, or other matter in a factory which is liable to be dealt with by the Sanitary Authority under this Part or under the law relating to public health, he or she shall give notice thereof in writing to the Sanitary Authority and it shall be the duty of the Sanitary Authority to make such inquiry into the subject of the notice, and take such action thereon, as seems to it proper for the purpose of enforcing the law, and to inform the inspector of the proceedings taken in consequence of the notice.
  (2) Where an inspector finds any such act or default as aforesaid, he or she may take with him or her into the factory a medical officer of health, sanitary inspector, or other officer of the Sanitary Authority."
  (Art. 12)

  "Inspection of certain premises:
  Where in any premises which are subject to inspection by or under the authority of any Ministry or Government Department any manual labour is exercised, otherwise than for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of any article, and the premises do not constitute a factory, the Minister may, if he or she thinks fit, instruct the Ministry or Department that the premises shall, as respects the matters dealt with by this Act, be inspected by an inspector appointed under this Act, and where such an instruction is given, such inspector shall have, as respects such matters as aforesaid, the like right of entry and inspection as is conferred on inspectors of other officers of the Ministry or Department concerned."
  (Art. 89)

  • Factories Act (No. 22 of 1973). (Arts. 12 and 89)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: " Penalties:
  (1) A person guilty of an offence against this Act or any rules made thereunder for which no special penalty is provided by this Act shall, on summary conviction, be liable to a fine of one thousand dollars and to imprisonment for three months.
  (2) Where an offence against this Act or any rules made thereunder committed by a company, co-operative society or other body of persons is 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, president, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he or she, as well as the company, co-operative society or body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 8 Accidents and Occupational Diseases Act)

  "Duties of persons employed:
  (1) No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act he or she shall use the means or appliance.
  (2) No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully and without reasonable cause do anything likely to endanger himself or herself or others.
  (3) If any person employed in a factory or in any other place to which any provisions of this Act apply wilfully and without reasonable cause neglects his or her duty to the extent of endangering himself or herself or others, he or she shall be guilty of an offence."
  (Art. 58 Factories Act)

  "Offences:
  (1) In the event of a contravention in or in connection with or in relation to a factory of any of the provisions of this Act or subsidiary legislation made thereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject as hereinafter in this Act provided, be guilty of an offence.
  (2) In the event of a contravention by an employed person of the provisions of Part VII with respect to duties of persons employed or contravention by any person of any subsidiary legislation made under this Act which expressly imposes any duty upon him or her, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence in respect of that contravention unless it is proved that he or she failed to take all reasonable steps to prevent the contravention.
  (3) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of subsidiary legislation made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.
  (4) Where an offence under this Act committed by a company is 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, he or she, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 70)

  "Fines for offences for which no express penalty provided:
  Subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable to a fine of seven hundred and fifty dollars, and if the contravention in respect of which he or she was convicted is continued after the conviction he or she shall (subject to the provisions of section 72) be guilty of a further offence and liable to a fine of one hundred and fifty dollars for each day on which the contravention was so continued."
  (Art. 71)

  "Fines in case of death or injury:
  If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act or subsidiary legislation made thereunder, the occupier or owner of the factory shall, without prejudice to any other penalty, be liable to a fine of three thousand dollars; and the whole or any part of the fine may be applied for the benefit of the injured person or his or her family or otherwise as the Minister determines:
  Provided that:
  (a) in the case of injury to health, the occupier or owner shall not be liable to a fine under this section unless the injury was caused directly by the contravention; and
  (b) the occupier or owner shall not be liable to a fine under this section if an information against him or her under this Act in respect of the act or default by which the death or injury was caused has been heard and dismissed before the death or injury occurred."
  (Art. 73)

  "Penalty on persons actually committing offence for which occupier is liable
  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, employee, worker or other person, that agent, employee, worker or other person shall be guilty of an offence and liable to the like fine as if he or she were the occupier or owner, as the case may be."
  (Art. 76)

  • Factories Act (No. 22 of 1973). (Arts. 58-76)

  • Accidents and Occupational Diseases (Notification) Act, 1951 (Art. 8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: " Penalties:
  (1) A person guilty of an offence against this Act or any rules made thereunder for which no special penalty is provided by this Act shall, on summary conviction, be liable to a fine of one thousand dollars and to imprisonment for three months.
  (2) Where an offence against this Act or any rules made thereunder committed by a company, co-operative society or other body of persons is 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, president, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he or she, as well as the company, co-operative society or body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 8 Accidents and Occupational Diseases Act)

  "Duties of persons employed:
  (1) No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act he or she shall use the means or appliance.
  (2) No person employed in a factory or in any other place to which any provisions of this Act apply shall wilfully and without reasonable cause do anything likely to endanger himself or herself or others.
  (3) If any person employed in a factory or in any other place to which any provisions of this Act apply wilfully and without reasonable cause neglects his or her duty to the extent of endangering himself or herself or others, he or she shall be guilty of an offence."
  (Art. 58 Factories Act)

  "Offences:
  (1) In the event of a contravention in or in connection with or in relation to a factory of any of the provisions of this Act or subsidiary legislation made thereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject as hereinafter in this Act provided, be guilty of an offence.
  (2) In the event of a contravention by an employed person of the provisions of Part VII with respect to duties of persons employed or contravention by any person of any subsidiary legislation made under this Act which expressly imposes any duty upon him or her, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence in respect of that contravention unless it is proved that he or she failed to take all reasonable steps to prevent the contravention.
  (3) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of subsidiary legislation made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.
  (4) Where an offence under this Act committed by a company is 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, he or she, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 70)

  "Fines for offences for which no express penalty provided:
  Subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable to a fine of seven hundred and fifty dollars, and if the contravention in respect of which he or she was convicted is continued after the conviction he or she shall (subject to the provisions of section 72) be guilty of a further offence and liable to a fine of one hundred and fifty dollars for each day on which the contravention was so continued."
  (Art. 71)

  "Fines in case of death or injury:
  If any person is killed, or dies, or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act or subsidiary legislation made thereunder, the occupier or owner of the factory shall, without prejudice to any other penalty, be liable to a fine of three thousand dollars; and the whole or any part of the fine may be applied for the benefit of the injured person or his or her family or otherwise as the Minister determines:
  Provided that:
  (a) in the case of injury to health, the occupier or owner shall not be liable to a fine under this section unless the injury was caused directly by the contravention; and
  (b) the occupier or owner shall not be liable to a fine under this section if an information against him or her under this Act in respect of the act or default by which the death or injury was caused has been heard and dismissed before the death or injury occurred."
  (Art. 73)

  "Penalty on persons actually committing offence for which occupier is liable
  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, employee, worker or other person, that agent, employee, worker or other person shall be guilty of an offence and liable to the like fine as if he or she were the occupier or owner, as the case may be."
  (Art. 76)

  • Factories Act (No. 22 of 1973). (Art. 58-76)

  • Accidents and Occupational Diseases (Notification) Act, 1951 (Art. 8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.3 Non-financial sanctions

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.4 Criminal liability

  Summary / Citation: "Causing harm:
  Whoever intentionally and unlawfully causes harm to any person shall be liable to imprisonment for three years."

  • Criminal Code (Chapter 72A). (Art. 205)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: " Penalties:
  (1) A person guilty of an offence against this Act or any rules made thereunder for which no special penalty is provided by this Act shall, on summary conviction, be liable to a fine of one thousand dollars and to imprisonment for three months.
  (2) Where an offence against this Act or any rules made thereunder committed by a company, co-operative society or other body of persons is 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, president, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he or she, as well as the company, co-operative society or body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 8 Accidents and Occupational Diseases Act)

  "Causing harm:
  Whoever intentionally and unlawfully causes harm to any person shall be liable to imprisonment for three years."
  (Art. 205 Criminal Code)

  • Criminal Code (Chapter 72A). (Art. 205)

  • Accidents and Occupational Diseases (Notification) Act, 1951 (Art. 8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2018