Guyana - 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

  Yes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

  • 2.2.1.1 Migrant workers

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

  • 2.2.1.2 Domestic workers

    Summary/citation: ""Domestic worker" means a person employed to do household work in another person’s home or dwelling."
    (Art. 2.3)

    "This Act shall apply to a domestic worker and to an owner or occupant of a private residence with respect to the work performed by the domestic worker for the owner or occupant of a private residence."
    (Art. 4.2)

    • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3 and 4.2)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    • Domestic Workers Convention, 2011 (No. 189) Direct Request 2020
    

  • 2.2.1.3 Home workers

    Summary/citation: "“Homework” means the doing of any work in the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or any part thereof by a worker for wages in his own home or other premises occupied primarily as living accommodation."

    • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 2)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: Self-employed person and person engaged in homework
    (1) "Sections 13, 16, 20, 30, 32, 33, 34, 35, 47, 48(1)(c),(e),(f)and (g), 56, 59(1), 60,61, 62, 63, 64, 65, 69, 70, 77, 78, 79, 80, 81, 82 and the regulations in relation thereto, shall apply mutatis mutandis to a self-employed homework."
    (2) "Sections 13, 30-38, 46, 47, 49, 56-65, 67,70,71, 74,78 and 83 and the regulations in relation to fire escape, first aid, safety and health and welfare shall apply mutatis mutandis to workers engaged in homework and employers of those workers."

    Restrictions / obligations: The coverage of self-employed persons within the scope of OSH legislation can to be deducted from this article.

    • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 5.1 and 5.2)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: "“Agricultural undertaking” means an undertaking or part thereof engaged in cultivation, animal husbandry including livestock production and care, forestry, horticulture, the primary processing of agricultural products or any other form of agricultural activity."
  ""Factory" has the same meaning as in sections 2 and 3 of the Factories Act as amended by section 88 (4), [Cap. 95:2] and includes any agricultural undertaking construction site or logging operation which is outside the scope of the definition of factory in that Act."
  (Art. 2.3)

  Application of Act to industrial establishments, etc.:
  "Except where otherwise expressly provided, this Act shall apply to every industrial establishment, and to all owners and occupiers thereof and employers and workers therein."
  (Art. 3.1)
  

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3 and 3.1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.2 Construction

  Summary/citation: "“Construction site” means any site at which any of the processes or operations described in the definition of the term “construction” are carried on."
  (Art. 2.3)

  Application of Act to industrial establishments, etc.:
  "Except where otherwise expressly provided, this Act shall apply to every industrial establishment, and to all owners and occupiers thereof and employers and workers therein."
  (Art. 3.1)

  "Premises shall not be excluded from the definition of an industrial establishment by reason only that they are open air premises."
  (Art. 2.4)

  "For the purposes of this Act and the regulations, a ship being manufactured or under repair shall be deemed to be a construction site."
  (Art. 2.8)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2 and 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.3 Services

  Summary/citation: Application of Act to industrial establishments, including shops, construction.
  where:
  - "industrial establishment" means a factory, shop, office, or workplace and any, building or other structure or premises appertaining thereto but does not include premises occupied for residential purposes only;
  - "shop" means a building, booth or stall or a part of such building, booth or stall where goods are handled, exposed or offered for sale or where services are offered for sale;
  - construction includes among others: civil engineering, including excavation and the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges, tunnels. viaducts and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies.

  • Occupational safety and health country profile: Guyana (Art. 3.1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.4 Public sector

  Summary/citation: "Any premises belonging to or in occupation of the state or any municipal or other public or local government authority shall not be excluded from the definition of an industrial establishment."
  (Art. 2.5)

  Application of Act to industrial establishments, etc.:
  (1) "Except where otherwise expressly provided, this Act shall apply to every industrial establishment, and to all owners and occupiers thereof and employers and workers therein."
  (2) "Subject to section 73, this Act shall apply to industrial establishments belonging to or occupied by the State, but in case of any public emergency, the Minister may by order for the duration of the period specified in the order, exempt from this Act any industrial establishment-
  (a) belonging to or occupied by the State;
  (b) in which work is being carried out on behalf’ of the State: or
  (c) whose activities are vital to the national interest."
  (Art. 3)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.5 and 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2021
  

• 2.4.5 Other

  Summary/citation: Work in private residence
  (1) "This Act shall not apply to work performed by the owner or occupant of a private residence in or about a private residence or the lands and appurtenances used in connection therewith."
  (2) "This Act shall apply to a domestic worker and to an owner or occupant of a private residence with respect to the work performed by the domestic worker for the owner or occupant of a private residence."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 4)

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: "Labour Occupational Safety and Health Department

  MISSION:
  To contribute to the economic and social development of Guyana by executing appropriate policies and programmes that will maintain a stable industrial relations climate; enhance the safety and health of workers by ensuring improved working conditions at worksites; develop a social compact aimed at increasing the productivity and competitiveness of enterprises in the production and service sectors and provide a range of services to employers, trade unions and employees in order to create an atmosphere of mutual trust and social justice between management and labour.

  HISTORY:
  The Department of Labour was established under the Labour Act, Chapter 98:01: (No. 2 of 1942) to regulate the relationship between employers and employees and for the settlement of differences between them.
  The Department was first established in 1942 following the recommendation of a Royal Commission under Lord Moyne, which was appointed in 1938 to investigate and report on the labour and social conditions in the British West Indian colonies, including British Guiana.
  The Commission reported that the conditions were difficult for workers who were virtually unprotected and hence, the Commission recommended the enactment of labour laws. The Labour Ordinance (Labour Act) of British Guiana was consequently enacted in 1942 and provided for the establishment of the Labour Department under a Commissioner of Labour (now Chief Labour Officer).
  The Labour Act of 1942 also speaks about the functions of the Department, the statutory responsibility of the Chief Labour Officer and the Permanent Secretary; makes provisions for conciliation in industrial disputes; defines the powers of the Minister to intervene in trade disputes, and to establish advisory committees; procedures for the regulation of wages and hours of work; rights and obligations of employees; and the status and enforceability of collective agreement.
  The Labour Department has responsibility for industrial relations, and occupational health and safety.

  WHAT WE DO AT THE DEPARTMENT OF LABOUR:
  - Draft new legislation; review and amend existing legislation; and recommend same to government;
  - Review in conjunction with the National Tripartite Committee, rates of wages, hours of work and other conditions of service for various categories of workers;
  - Investigate workplace accidents and complaints made by workers;
  - Inspecting workplaces to ensure compliance with the labour and occupational safety and health laws and regulations;
  - Advise and conduct seminars to educate employers and employees on the labour and occupational safety and health laws and regulations, HIV/AIDS workplace policy and industrial relations principles and practices;
  - Conciliate in disputes between employers and trade unions;
  - Establish and service arbitration tribunals;
  - Conduct membership surveys and polls to determine trade union recognition;
  - Facilitate and promote collective bargaining and vet and sign Collective Labour Agreements;
  - Register industrial establishments;
  - Register steam boilers' inspection certificates;
  - Promote the establishment of and monitor the functioning of Joint Workplace Safety and Health Committees;
  - Liaise with Regional and International Organizations;
  - Prepare and submit International Labour Organisation's (ILO's) Instruments to the National Assembly;
  - Prepare and submit to ILO, Annual Reports on application of Convention and other requested data.
  - Promote social dialogue/social partnership;
  - Facilitate the promotion of programs to enhance production and productivity."

  Remarks / comments: More information is available on the Ministry of Labour, Labour Occupational Safety and Health Department website:
  http://labour.mlhsss.gov.gy/index.php/departments/labour-occupational-safety-and-health-department

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

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: "In addition to the duties imposed by section 46, an employer shall:
  (n) keep, maintain, and make available to workers in the workplace, in a location that is readily accessible, a medicine chest with contents as prescribed, and shall ensure that first aid, including trained personnel, is available at the workplace."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 47.1.n)

  • Factories (First Aid) Regulations (No. 2 of 1951).

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.2 Sanitary installations

  Summary / Citation: "In every industrial establishment, not being an industrial establishment exempted from the provisions of this subsection, there shall be provided and maintained for the use of the workers suitable and sufficient sanitary conveniences and suitable and sufficient washing facilities."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 43.5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.3 Drinking water

  Summary / Citation: "In every industrial establishment there shall be provided and maintained at suitable points conveniently accessible to all workers an adequate supply of wholesome potable water and vessels containing the water shall be clearly marked with the words “Drinking Water”."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 43.2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.4 Rest and eating areas

  Summary / Citation: (3) "Where workers take any meals in the industrial establishment, there shall be provided and maintained suitable and sufficient facilities for the taking of those meals."

  (4) "In every industrial establishment there shall be provided and maintained for the use of the industrial establishment suitable and sufficient accommodation for clothing not worn during working hours with separate accommodation where male and female workers are employed."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 43)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

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

  Summary/citation: Safety and health representatives and their functions and powers.
  (1) "At a construction site or other workplace where no committee is required under section 23 and where the number of workers regularly exceeds five, the employer shall cause the workers to select at least one safety and health representative from among the workers at the workplace who do not exercise managerial functions."
  (2) "If no safety and health representative is required under subsection (1) and no committee is required under section 23 for a workplace, the Minister may, by order, require an employer to cause the workers to select one or more safety and health representatives from among the workers at the workplace or part thereof who do not exercise managerial functions, and may provide in the order for the qualifications of such representatives."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 22.1 and 22.2)

• 5.1.3 Written risk assessment

  Summary/citation: Assessment for hazardous chemical.
  (1) "Where so prescribed, an employer shall assess all chemicals and biological agents produced in the workplace for use therein to determine if they are hazardous."
  (2) "The assessment required by subsection (1) shall be in writing and a copy of it shall be:
  a. made available by the employer in the workplace in such a manner as to allow examination by the workers;
  b. furnished by the employer to the committee or safety and health representative, if any, for the workplace or to a workers selected by the workers to represent them, if there is no committee of safety and health representative."
  (Art. 64)

  "Where in the opinion of the Authority, which opinion shall be made promptly, the introduction of the new chemical or new biological agent referred to in subsection (1) may endanger the safety or health of the workers in a workplace, the Authority shall require the manufacture, distributor or supplier, as the case may be, to provide, at the expense of the manufacturer, distributor or supplier, a report or assessment, made or to be made by a person possessing such special, expert or professional knowledge or qualifications as are specified by the Authority, of the new chemical or agent intended to be manufactured, distributed or supplied and the manner of use including the matters referred to in section 13 (1)(r)(i) to (vii)."
  (Art. 60.2)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 60 and 64)

• 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 2016
  

• 5.1.5 Training and information on risks

  Summary/citation: "Without limiting the strict duty imposed by subsection.(1), an employer shall:
  a. provide information, instruction and supervision to a worker to protect the safety and health of the worker. (...)"
  (Art. 46.2.a)

  Instruction and training:
  (1) "In addition to providing information and instruction to a worker as required by section 46.(2)(a), an employer shall ensure that a worker exposed or likely to be exposed to a hazardous chemical or to a hazardous physical agent receives, and that the worker participates in, such instruction and training as may be prescribed."
  (2) "The instruction and training to be given under subsection (1) shall be developed and implemented by the employer in consultation with the committee or safety and health representative, if any, for the workplace."
  (3) "An employer shall review, in consultation with committee or safety and health representative, if any, for the workplace, the training and instruction provided to a worker and the worker’s familiarity therewith at least annually."
  (4) "The review described in subsection (3) shall be held more frequently than annually, if:
  a. the employer, on the advice of the committee or safety and health representative. if any, for the workplace, determines that such reviews are necessary; or
  b. there is a change in circumstances that may effect the safety or health worker."
  (Art. 66)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 46.2.a and 66)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 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

  Summary/citation: Consultation with workers happens through their representatives present in the joint workplace safety and health committee (Art. 23) and their safety and health representatives (Art. 22).

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

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

  Summary / Citation: (6) "The Advisory Council, with the approval of the Minister, may make rules and pass resolutions governing its procedure, including the calling of meetings, the establishment of a quorum, and the conduct of meetings."

  (7) "The functions of the Advisory Council are:
  a. to advise the Minister on matters relating to occupational safety and health or arising out of the operation of this Act which may be brought to its attention or be referred to it, including the formulation of a national policy on occupational safety and health;
  b. to make recommendations to the Minister relating to programmes of the Authority in occupational safety and health including enforcement and the implementation of a national policy on occupational safety and health; and
  c. to promote public awareness of occupational safety and health."

  (8) "The Advisory Council shall file with the Minister not later than the 1st day of June in each year an annual report upon the affairs of the Advisory Council for the previous year."

  (9) "The Minister shall submit the report to the National Assembly if it is in session or, if not, at the next ensuing session."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 10)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: (1) "There is hereby established an Advisory Council to be known as the Advisory Council on Occupational Safety and Health consisting of not less than twelve nor more than twenty members appointed by the Minister from among persons nominated for such appointment by bodies or Safety and persons representative of the concerns referred to in subsection (2)."
  (2) "The members of the Advisory Council shall be appointed for such term as the Minister determines and shall be representative of management, labour, technical or professional bodies or persons which or who are concerned and have knowledge of occupational safety, welfare and health."
  (3) "The Minister shall designate a chairman and a vice-chairman of the Advisory Council from among the members appointed."
  (4) "The Minister may fill any vacancy that occurs in the membership of the Advisory Council."
  (5) "The remuneration and expenses of the members of the Advisory Council shall be determined by the Minister and shall be paid out of the moneys appropriated therefor by the National Assembly."
  (Art. 10)

  Committees:
  (1) "The Advisory Council may establish committees to assist it in the performance of its functions and may appoint such persons whether or not they are members of the Advisory Council as it may deem fit to be members of any such committees:
  Provided that the Chairman of every such committee shall be a member of the Council."
  (2) "Any person appointed under subsection (1) who is not a member of the Council or a public officer may be paid such remuneration and expenses as may be determined by the Minister."
  (Art. 11)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 10 and 11)

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

  Summary / Citation: Worker trades committee:
  "If a committee is required at a construction site, other than a construction site where fewer than fifty workers are regularly employed or that is expected to last less than three months, the committee shall establish a worker trades committee for the construction site."
  (Art. 24.1)

  Joint workplace safety and health committee:
  (6) "A committee shall consist of:
  a. at least four persons, for a workplace where fewer than fifty workers are regularly employed; or
  b. at least six persons or such greater number of persons as may be prescribed, for a workplace where fifty or mote workers are regularly employed."
  (7) "At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions."
  (8) "The members of a committee who represent workers shall be selected by the workers who do not exercise managerial functions and who will be represented by those members of the committee in the workplace or the part or parts thereof, as the case may be."
  (9) "Where there is a trade union or trade unions representing the workers referred to in subsection (8); the selection of the members of a committee referred to in subsection (8) may be delegated by a majority of such workers to the trade union or trade unions."
  (10) "The employer shall select the remaining members of a committee from among persons who exercise managerial functions for the employer and, to the extent possible, who do so at the workplace."
  (11) "A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee."
  (12) "Two of the members of a committee shall, on a rotating basis, co-the committee, one of whom shall be selected by the members who represents workers and the other of whom shall be selected by the members who exercise managerial functions."
  (Art 23)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 23 and 24)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation:
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: Safety and health representatives:
  (7) "Unless otherwise required by the regulations or by an order by an inspector, a safety and health representative shall inspect the physical conditions of the workplace at least once a month."
  (8) "If it is not practical to inspect the workplace at least once a month, the safety and health representative shall inspect the physical condition of the workplace at least once a year, inspecting at least a part of the workplace in each month."
  (9) "The inspection required by subsection (8) shall be undertaken in accordance with a schedule agreed upon by the employer and the safely and health representative."
  (15) "Where a person is killed or critically injured at a workplace from any cause, the safety and health representative may, subject to section 69 (2), inspect the place where the accident occurred and any machine, devise or article, and shall report his findings in writing to the employer and the Authority."
  (Art. 22)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 22)

• 8.4.2 Right to access OSH information

  Summary / Citation: Safety and health representatives:
  (10) "The employer and workers shall provide a safety and health representative with such information and assistance as such representative may require for the purpose of carrying out an inspection of the workplace."
  (12) "A safety and health representative has the power:
  (a) to obtain information from the employer concerning the conducting or taking of tests of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of occupational safety and health;
  (b) to be consulted about, and be present at the beginning of testing referred to in paragraph (a) conducted in or about the workplace if the representative believes his presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid; and
  (c) to obtain information from the employer respecting:
  - the identification of potential or existing hazards or materials, processes or equipment; and
  - safety and health experience and work practices and standards in similar or other industries of which the employer has knowledge."
  (Art. 22)

  Consultation on industrial hygiene testing:
  (1) "The employer at a workplace shall consult a safety and health representative of the committee with respect to proposed testing strategies for investigating industrial hygiene at the workplace."
  (2) "The employer shall provide information to a safety and health representative of the committee concerning testing .strategies to be used to investigate industrial hygiene at the workplace."
  (3) "A safety and health representative or a designated committee member representing workers at a workplace is entitled to be present at the beginning of testing conducted with respect to industrial hygiene at the workplace if the representative or member believes his or her presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid."
  (Art. 25)

  Safety and health representatives:
  (1) "A committee established, or safety and health representative selected, under this Act, for an employer, may request the Authority to obtain from the National Insurance Board, established under the National Insurance Act, an annual summary of data relating to such employer in respect of the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that require medical aid without lost workdays, the incidence of occupational diseases, the number of work-related injuries, and such other data as the committee or safety and health representative may request."
  (2) "Upon such request and receipt of such annual summary of data, the Authority shall send copies thereof to the committee, safety and health representative and the employers and the employer shall cause a copy thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers."
  (3) "The Authority shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection to the occupational safety and occupational health of workers generally."
  (Art. 26)

  Joint workplace safety and health committee:
  (13) "It is the function of a committee and it has power to:
  a. identify situations that may be a source of danger or hazard to workers;
  b. make recommendations to the employer and the workers for the improvement of the health and welfare of workers;
  c. recommend to the employer and the workers the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of workers;
  d. obtain information from the employer respecting:
  - the identification of potential or existing hazards of materials, processes or equipment; and
  - safety and health experience and work practices and standards in similar or other industries of which the employer has knowledge;
  e. obtain information from the employer concerning the conducting or taking of tests of any equipment, machine device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of occupational safety and health; and
  f. be consulted about, and have a designated member representing workers be present at the beginning of testing referred to in clause (e) conducted in or about the workplace if the designated member believes his presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid."
  (Art. 13)
  

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 13, 22, 25 and 26)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 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

  Summary / Citation: Representation during inspections:
  (1) "Where an inspector makes an inspection of a workplace under the powers conferred upon him or her under section 13, the employer or group of employers shall afford a committee member representing workers or a safety and health representative, if any, or a worker selected by a trade union or trade unions, if any, because of knowledge, experience and training, to represent it or them and, where there is no trade union, a worker selected by the workers because of knowledge, training and experience to represent them, the opportunity to accompany the inspector during his physical inspection of a workplace, or any part thereof."

  (2) "Where there is no committee member representing workers, no safety and health representative or worker selected under subsection (2), the inspector shall endeavour to consult during his physical inspection with a reasonable number of the workers concerning matters of safety and health at their work."

  (3) "The time spent by a committee member representing workers, a safety and health representative or a worker selected in accordance with subsection (2) in accompanying an inspector during his physical inspection, shall be deemed to be work time of which he shall be paid by his employer at his regular or premium rate as may be proper."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 27)

• 8.4.6 Right to use facilities

  No data available.
  

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

  Summary / Citation: Safety and health representatives:
  "A safety and health representative is entitled to take such time from work as is necessary to carry out his duties under subsection (7) and (15) and the time so spent shall be deemed to be work time for which the representative shall be paid by his employer at the representative’s regular or premium rate as may be proper."
  (Art. 22.16)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 22)

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Safety and health representatives:
  "A safety and health representative shall have power to identify situations that may be a source of danger or hazard to workers and to make recommendations or report his findings thereon to the employer, the workers and the trade union or trade unions representing the workers."
  (Art. 22.11)

  Joint workplace safety and health committee:
  (13) "It is the function of a committee and it has power to:
  a. identify situations that may be a source of danger or hazard to workers;
  b. make recommendations to the employer and the workers for the improvement of the health and welfare of workers;
  c. recommend to the employer and the workers the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of workers;
  d. obtain information from the employer respecting:
  - the identification of potential or existing hazards of materials, processes or equipment; and
  - safety and health experience and work practices and standards in similar or other industries of which the employer has knowledge;
  e. obtain information from the employer concerning the conducting or taking of tests of any equipment, machine device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of occupational safety and health; and
  f. be consulted about, and have a designated member representing workers be present at the beginning of testing referred to in clause (e) conducted in or about the workplace if the designated member believes his presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid."
  (Art. 13)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 13 and 22)

• 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 2016
  

• 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 2016
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: (6) "A committee shall consist of:
  a. at least four persons, for a workplace where fewer than fifty workers are regularly employed; or
  b. at least six persons or such greater number of persons as may be prescribed, for a workplace where fifty or mote workers are regularly employed."

  (7) "At least half the members of a committee shall be workers employed at the workplace who do not exercise managerial functions."

  (8) "The members of a committee who represent workers shall be selected by the workers who do not exercise managerial functions and who will be represented by those members of the committee in the workplace or the part or parts thereof, as the case may be."

  (9) "Where there is a trade union or trade unions representing the workers referred to in subsection (8); the selection of the members of a committee referred to in subsection (8) may be delegated by a majority of such workers to the trade union or trade unions."

  (10) "The employer shall select the remaining members of a committee from among persons who exercise managerial functions for the employer and, to the extent possible, who do so at the workplace."

  (11) "A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee."

  (12) "Two of the members of a committee shall, on a rotating basis, co-the committee, one of whom shall be selected by the members who represents workers and the other of whom shall be selected by the members who exercise managerial functions."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 23)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Joint workplace safety and health committee:
  (1) "A joint workplace safety and health committee is required:
  a. at a workplace at which twenty or more workers are regularly employed;.
  b. at a workplace with respect to which an order to an employer is in effect under section 59; or
  c. at a workplace other than a construction site where fewer than twenty workers are regularly employed, with respect to which a regulation concerning critical substances applies."

  (2) "Subject to subsection (3), this section does not apply:
  a. to an employer at a construction site at which work is expected to last less than three months; or
  b. to a prescribed employer or workplace or class of employers or workplaces."

  (3) "Despite subsections (1) and (2), the Minister may, by order require an employer to establish and maintain one or more joint workplace safety and health committees for a workplace or a part thereof and may, in such order, provide for the composition, practice and procedure of any committee so established."

  (4) "The employer shall cause a joint workplace safety and health committee to be established and maintained at the workplace unless the Minister is satisfied that a committee of like nature or an arrangement, programme or system in which the workers participate was, on the appointed day, established and maintained pursuant to a collective agreement or other agreement or arrangement and that such committee, arrangement, programme or system provides benefits for the safety and health of the workers equal to, or greater than, the benefits to be derived under a committee established under this section."

  (5) "In exercising the power conferred by subsection (3), the Minister shall consider:
  a. the nature of the work being done;
  b. the request of an employer, a group of the workers or the trade union or trade unions representing the workers in a workplace;
  c. the frequency of occupational disease or injury in the workplace or in the industry of which the employer is a part;
  d. the existence of safety and health programmes and procedures in the workplace and the effectiveness thereof; and
  e. such other matters as the Minister considers advisable."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 23)

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

  Summary / Citation: (13) "It is the function of a committee and it has power to:
  a. identify situations that may be a source of danger or hazard to workers;
  b. make recommendations to the employer and the workers for the improvement of the health and welfare of workers;
  c. recommend to the employer and the workers the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of workers;
  d. obtain information from the employer respecting:
  - the identification of potential or existing hazards of materials, processes or equipment; and
  - safety and health experience and work practices and standards in similar or other industries of which the employer has knowledge;
  e. obtain information from the employer concerning the conducting or taking of tests of any equipment, machine device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of occupational safety and health; and
  f. be consulted about, and have a designated member representing workers be present at the beginning of testing referred to in clause (e) conducted in or about the workplace if the designated member believes his presence is required to ensure that valid testing procedures are used or to ensure that the test results are valid."
  (14) "The members of the committee who represent workers shall designate one of them who is entitled to be present at the beginning of testing described in subsection (13) (f)."
  (15) "An employer who receives written recommendations from a committee shall respond in writing within twenty-one days."
  (16) "A response of an employer under subsection (15) shall contain a time table for implementing the recommendations the employer agrees with and give reasons why the employer disagrees with any recommendations that the employer does not accept."
  (18) "The members of a committee who represent workers shall designate a member representing workers to inspect the physical condition of the workplace."
  (19) "The members of a committee are not required to designate the same member to perform all inspections or to perform all of a particular inspection."
  (20) "Unless otherwise required by the regulations or by an order by an inspector, a member designated under subsection (18) shall inspect the physical condition of the entire workplace at least once a month."
  (21) "If it is not practical to inspect the entire workplace in any one day in a month, in accordance with subsection (20), the member designated wider subsection (18) shall continue any one or several remaining days of the said month to inspect at least apart of the workplace on each such day until the entire workplace is inspected in that month."
  (22) "The inspection required by subsection (21) shall be undertaken in accordance with a schedule established by the committee."
  (23) "The employer and the workers shall provide a member designated under subsection (18) with such information and assistance as the member may require for the purpose of carrying out an inspection of the workplace."
  (24) "The member designated under subsection (18), shall inform the committee of situations that may be a source of danger or hazard to workers and the committee shall consider such information within a reasonable period of time."
  (25) "The members of a committee who represent workers shall designate one or more such members to investigate cases where a worker is killed or injured at a workplace from any cause and one of those members may, subject to section 69(2) inspect the place where the accident occurred and any machine, device or article, and shall report his or her findings to the employer and the Authority is the committee."
  (26) "An employer required to establish a committee under this section shall post and keep posted at the workplace the names and work locations of the committee members in a conspicuous place or places where they are most likely to come to the attention of the workers."
  (27) "A committee shall meet at least once every three months at the workplace and may be required to meet by order of the Minister."
  (28) "A member of a committee is entitled to:
  a. one hour or such longer period of time as the committee determines is necessary to prepare for each committee meeting;
  b. such time as is necessary to carry out the member’s duties under subsections (20), (21) and (25)."
  (29) " A member of a committee shall be deemed to be at work during the times mentioned in subsection (28) and the member’s employer shall pay the member for those times at the member’s regular or premium rate as may be proper."
  (30) "Any committee of a like nature to a committee established under this section in existence in a workplace under the provisions of a collective agreement or other agreement or arrangement between an employer and the workers has, in addition to its functions and powers under the provisions of the collective agreement or arrangement, the functions and powers conferred upon a committee by this section."
  (Art. 23)

  (1) "A committee established, or safety and health representative selected, under this Act, for an employer, may request the Authority to obtain from the National Insurance Board, established under the National Insurance Act, an annual summary of data relating to such employer in respect of the number of work accident fatalities, the number of lost workday cases, the number of lost workdays, the number of non-fatal cases that require medical aid without lost workdays, the incidence of occupational diseases, the number of work-related injuries, and such other data as the committee or safety and health representative may request."
  (2) "Upon such request and receipt of such annual summary of data, the Authority shall send copies thereof to the committee, safety and health representative and the employers and the employer shall cause a copy thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the workers."
  (3) "The Authority shall, in accordance with the objects and purposes of this Act, ensure that persons and organizations concerned with the purposes of this Act are provided with information and advice pertaining to its administration and to the protection to the occupational safety and occupational health of workers generally."
  (Art. 26)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 23 and 26)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: "A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector."

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: "A committee shall maintain and keep minutes of its proceedings and make the same available for examination and review by an inspector."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 23.17)

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: Hazardous materials inventory:
  (1) "An employer shall make or cause to be made and shall maintain an inventory of all hazardous chemicals and all hazardous physical agents that are present in the workplace."
  (2) "The inventory required by subsection (1):
  a. shall contain such information as may be prescribed, and in addition shall include-
  - toxic properties, including both acute and chronic health effects in all pails of the body;
  - chemical or physical characteristics, including flammable, explosive, oxidising and dangerously reactive properties;
  - corrosive and irritant properties;
  - allergenic and sensitising effects;
  - carcinogenic effects;
  - teratogenic and mutagenic effects;
  - effects on the reproductive system;
  b. shall be prepared in consultation with the committee or safety and health representative, if any, for the workplace or with a worker selected by the workers to represent them, if there is no committee or safety and health representative."
  (3) "Where an inventory required by subsection (1) is amended during a year, the employer, not later than the 1st day of February in the following year, shall prepare a revised version of the inventory incorporating all changes made during the preceding year."
  (4) "Where, under this Act or the regulations, an employer is required to identify or obtain the identity of the ingredients of a hazardous chemical, the employer shall not be in contravention of this Act or the regulations if the employer has made every effort reasonable in the circumstances to identify or obtain the Identity of the ingredients, but has been unable to do so due to circumstance beyond his control."
  (5) "An employer shall advise the Authority in writing if; after making reasonable efforts, the employer is unable to identity or obtain the identity of the ingredients of a hazardous chemical as required by this Act or the regulations."
  (6) "Except as may be prescribed, subsection (1) does not apply to an employer who undertakes to perform work or supply services on a construction site in respect of chemicals to be used on the site."
  (7) "The employer shall keep readily accessible at the workplace a floor plan, as prescribed, showing the names of all hazardous chemicals and their locations and shall post a notice stating where the floor plan is kept in a place or places where it is most likely to come to the attention of workers."
  (Art. 61)

  Hazardous chemical identification and data sheets.
  (1) "An employer:
  a. shall ensure that all hazardous chemicals present in the workplace are labeled in a way easily understandable to the workers, or are identified in the prescribed manner;
  b. shall obtain or prepare, as may be prescribed, an unexpired chemical safety data sheet for all hazardous chemicals present in the workplace;
  c. shall ensure that the identification required by paragraph (a) and chemical safety data sheets required by paragraph (b) are available in English and such other languages as may be prescribed;
  d. shall ensure that when hazardous chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use, and any safety precautions to be observed; and
  e. shall ensure that information is provided on the handling and disposal of hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals; so that the risk to safety arid health and to the environment is eliminated or minimised."
  (2) "No person shall remove or deface the label or identification described in subsection (1) (a) for a hazardous chemical."
  (3) "An employer shall ensure that a hazardous chemical is not used, handled or stored at a workplace unless the prescribed requirements concerning identification, chemical safety data sheets and worker instruction and training are met."
  (4) "An employer shall advise the Authority in writing if the employer, aflter making reasonable efforts, is unable to obtain a label or chemical safety data sheet required by subsection (1)."
  (5) "A chemical safety data sheet expires three years after the date of its publication."
  (Art. 62)

  Inventory and chemical safety data sheets to be made available:
  (1) "A copy of the most recent version of the inventory arid of every unexpired chemical safety data sheet required by this Part in respect of hazardous chemicals in a workplace shall be:
  a. made available by the employer in the workplace in such a manner as to allow examination by the workers;
  b. furnished by the employer to the committee or safety and health representative, if any, for the workplace or to a worker selected by the workers to represent them if there is no committee or safety and health representative;
  c. furnished by the employer on request, if so prescribed, to the medical inspector of the district in which the workplace is located;
  d. furnished by the employer on request, if so prescribed, to the fire department which serves the location in which the workplace is located; and
  e. filed by the employer with the Authority on request, if so prescribed."
  (2) "The Authority, at the request of any person, shall request an employer to furnish a copy of the most recent version of the inventory or of an unexpired chemical safety data sheet, as the case may be."
  (3) "At the request of any person, the Authority shall make available to the person for inspection a copy of any inventory or chemical safety data sheet requested by the person and in the possession of the Authority."
  (4) "The Authority shall not disclose the name of any person who makes a request under subsection (2) or (3)."
  (5) "In addition to the requirements imposed wider subsection (1), a copy of every chemical safety data sheet required by subsection (1) shall be made available by the employer in the workplace in such a manner that it is readily accessible by all workers who may be exposed to the hazardous chemical to which it relates."
  (6) "An employer who makes a chemical safety data sheet readily accessible on a computer terminal at a workplace:
  a. shall take all reasonable steps necessary to keep the terminal in working order,
  b. shall give a worker upon request a copy of the chemical safety data .sheet; and
  c. shall teach all workers who work with or in proximity to hazardous chemicals, the safety and health representative, if any, at the workplace and the members of the committee how to receive the chemical safety data sheet on the computer terminal."
  (Art. 63)

  Assessment for hazardous chemical:
  (1) "Where so prescribed, an employer shall assess all chemicals and biological agents produced in the workplace for use therein to determine if they are hazardous."
  (2) "The assessment required by subsection (1) shall be in writing and a copy of it shall be:
  a. made available by the employer in the workplace in such a manner as to allow examination by the workers;
  b. furnished by the employer to the committee or safety and health representative, if any, for the workplace or to a workers selected by the workers to represent them, if there is no committee of safety and health representative."
  (Art. 64)
  

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 61 - 64)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  • Benzene Convention, 1971 (No. 136) Observation 2016
  • Benzene Convention, 1971 (No. 136) Direct Request 2012
  

• 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 2016
  • Benzene Convention, 1971 (No. 136) Observation 2016
  • Benzene Convention, 1971 (No. 136) Direct Request 2012
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: "“Physical agent’ includes electromagnetic radiation, ionising radiation, noise, vibration, heat, cold, humidity and pressure."
  (Art. 2.3)

  Hazardous physical agents:
  (1) "A person who distributes or supplies, directly or indirectly, or manufactures, produces or designs an article for use in a workplace that causes, emits or produces a hazardous physical agent when the article is in use or operation shall ensure that such information as may be prescribed is readily available respecting the hazardous physical agent and the proper use or operation of the article."
  (2) "Where an employer has an article described in subsection (1) in the workplace, the employer shall ensure that the information referred to in that subsection has been obtained and is:
  a. made available in the workplace for workers who use or operate the article or who are likely to be exposed to the hazardous physical agent; and
  b. furnished by the employer to the committee or safely and health representative, if any, for the workplace or a worker selected by the workers to represent them, if there is no committee or safety and health representative."
  (3) "An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the article is used or operated or is to be used or operated."
  (4) "Notices required by subsection (3) shall contain such information as may be prescribed and shall be in English and such other language or languages as may be prescribed."
  (Art. 65)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3 and 65)

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 2016
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 2012
  

• 9.4.2 Vibration and noise

  Summary / Citation: "“Physical agent’ includes electromagnetic radiation, ionising radiation, noise, vibration, heat, cold, humidity and pressure."
  (Art. 2.3)

  Hazardous physical agents:
  (1) "A person who distributes or supplies, directly or indirectly, or manufactures, produces or designs an article for use in a workplace that causes, emits or produces a hazardous physical agent when the article is in use or operation shall ensure that such information as may be prescribed is readily available respecting the hazardous physical agent and the proper use or operation of the article."
  (2) "Where an employer has an article described in subsection (1) in the workplace, the employer shall ensure that the information referred to in that subsection has been obtained and is:
  a. made available in the workplace for workers who use or operate the article or who are likely to be exposed to the hazardous physical agent; and
  b. furnished by the employer to the committee or safely and health representative, if any, for the workplace or a worker selected by the workers to represent them, if there is no committee or safety and health representative."
  (3) "An employer to whom subsection (2) applies shall post prominent notices identifying and warning of the hazardous physical agent in the part of the workplace in which the article is used or operated or is to be used or operated."
  (4) "Notices required by subsection (3) shall contain such information as may be prescribed and shall be in English and such other language or languages as may be prescribed."
  (Art. 65)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3 and 65)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  No data available.
  

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: "Sections 13, 30-38, 46, 47, 49, 56-65, 67,70,71, 74,78 and 83 and the regulations in relation to fire escape, first aid, safety and health and welfare shall apply mutatis mutandis to workers engaged in homework and employers of those workers."
  (Art. 5.2)

  Accidents explosions etc., at an industrial establishment:
  "Where any notification is not required under section 69 or 70 and an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any equipment, machine, device, article, cave-in, subsidence, rockburst, or other incident as prescribed occurs at an industrial establishment, notice in writing of the occurrence shall be given to the Authority and to the committee, safety and health representative or trade union, if any, by the employer at such industrial establishment within two days of the occurrence containing such information and particulars as are prescribed."
  (Art. 74)
  

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 5.2 and 74)

  • Factories (Fire Escape) Regulations (No. 1 of 1951).

• 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: Safety of buildings, ways, machinery and plant.
  (1) "Where it appears to the Authority that any building or part of a building, or any part of the ways, machinery or plant, in an industrial establishment is in such a condition as to be likely to cause risk of bodily injury to, or to endanger the safety of persons employed in connection with the industrial establishment or any class of such persons:
  a. the Authority may serve on the occupier of the industrial establishment a notice in writing requiring him, before a date to be specified in the notice:
  - to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building or part of the building, or such part of the ways, machinery or plant as aforesaid can be used without risk of bodily injury or danger to safety as aforesaid;
  - to carryout such tests as may be necessary to determine the strength or quality of any specified parts of the building, ways, machinery or plant as aforesaid, and to inform the Authority of the results of such tests; or
  b. the Authority may serve the occupier of the industrial establishment a notice in writing specifying the measures which should be adopted to remove the risk of bodily injury, and the danger to safety as aforesaid, and requiring such measures to be carried out before a date to be specified in the notice."
  (2) "Where it appears to the Authority that the use of any building or part of a building, or any part of the ways, machinery or plant, in an industrial establishment involves imminent risk of bodily injury to, or imminent danger to the safety of, persons employed in connection with the industrial establishment or any class of such persons, the Authority may serve on the occupier of the industrial establishment a notice in writing prohibiting such use as aforesaid until the building or part of the building, or part of the ways, machinery or plant, as the case may be, has been repaired or altered in such a manner to remove such imminent risk, such imminent danger, as aforesaid."
  (Art. 40)

  Construction and sale of new machinery:
  "In the case of any machine in an industrial establishment being a machine intended to be driven by mechanical power:
  a. every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded by situation and design as to prevent danger;
  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, or is of such design, as to be as safe as it would be if completely encased."
  (Art. 42.1)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 40 and 42)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 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 2016
  

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

  Summary / Citation: (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 an industrial establishment in Guyana 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."

  (3) "The Minister may make regulations extending subsection (2) to machinery or plant which does not comply with such requirements of this Act as may he specified in the regulations, and any regulations made under this subsection may relate to machinery or plant in a specified process."

  (4) "Nothing in this section shall be construed as applying to any machine imported into, or constructed in Guyana before the commencement of this Act. and regulations made under this section shall not apply to any machinery or plant imported into, or constructed in Guyana before the coming into force of such regulations."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 42)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.7.5 Maintenance of machinery and equipment

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

  • 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 2016
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: "Without limiting the strict duty imposed by subsection.(1), an employer shall:
  (n) after being notified by a female worker that she is pregnant, adapt the working conditions of such worker or ensure that she is not involved in the use of or exposure to chemicals or substances or terms or conditions of work, which are hazardous to her health and the health of the unborn child: where alternative work not involving the use or exposure or terms or conditions as aforesaid is available such work shall be assigned to such worker during pregnancy with the right of such worker to return to her previous work after the birth of her child. (...)"

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 46.2.n)

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Observation 2016
  • Benzene Convention, 1971 (No. 136) Direct Request 2012
  

• 9.8.2 Protection of lactating women at work

  No data available.
  

  Related CEACR Comments
  • Benzene Convention, 1971 (No. 136) Observation 2016
  • Benzene Convention, 1971 (No. 136) Direct Request 2012
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: "In particular, and without prejudice to the generality of the foregoing provisions, any such regulations may provide for:
  (m) the lifting or moving of loads by any woman or young person. (...)"
  (Art. 75.2.m)

  "“Woman” means a woman who has attained the age of 18 years."
  (Art. 2.3)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3 and 75.2.m)

  Related CEACR Comments
  • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2015
  

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

  Summary / Citation: "In particular, and without prejudice to the generality of the foregoing provisions, any such regulations may provide for:
  (m) the lifting or moving of loads by any woman or young person. (...)"
  (Art. 75.2.m)

  "“Young person” means a person who has ceased to be a child and has not attained the age of eighteen years."
  (Art. 2.3)

  Power of Inspector to require certificate of fitness for work:
  (1) "Where the Authority or an inspector is of an opinion that the employment of any young person in an industrial establishment, or in any particular process or kind of work in an industrial establishment, is prejudicial to the health of the young person or to the health of other persons, he may, anything contained in a certificate previously obtained of fitness of the young person for employment to the contrary notwithstanding, serve notice in writing on the occupier of the industrial establishment requiring that the employment of that young person in the industrial establishment or in the process or kind of work as the case may be, be discontinued after the period named therein, being not less than one or more than seven days after the service of the notice."
  (2) "No occupier of an industrial establishment shall, after the period mentioned in the notice under subsection (1), employ the young person to whom the notice relates contrary to requirements set out in the said notice, unless the medical inspector for the industrial establishment has, after the service of the notice, personally examined the young person and certified that he is fit for employment in the industrial establishment or in the process or kind of work, as the case may be."
  (Art. 17)

  "No young person shall be employed in a factory otherwise than in accordance with regulations made under this section."
  (Art. 75.3)

  Prohibition of employment of children in factories:
  (1) "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 the factory."
  (2) "Where it appears to the Authority that the presence in any factory or part of the factory, of children who cannot lawfully be employed therein may be dangerous to them or injurious to their health, the Authority may serve on the occupier of the factory a notice in writing requiring him to prohibit and to prevent the admission of such children to the factory, or part of the factory; as the case may be."
  (Art. 41)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 2.3, 17, 41 and 75)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2021
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2013
  

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

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

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 the Authority and of an inspector:
  (1) "The Authority, and every inspector, shall for the purposes of this Act have power:
  a. whenever he has reasonable cause to believe that any person is employed in an industrial establishment, to enter, inspect and examine such industrial establishment and every part thereof at any hour of the day or night;
  b. whenever he has reasonable cause to believe any place to be an industrial establishment, to enter, inspect and examine such place by day;
  c. whenever he has reasonable cause to believe that explosive or highly inflammable materials are stored or used in any building in which an industrial establishment forms part, to enter, inspect and examine any part of such building by day;
  d. to enter any ship or vessel in any dock or harbour or at any wharf, quay or stelling and make such inspection and examination as he may deem fit. (...)"

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 13)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

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

  Summary / Citation: Powers of the Authority and of an inspector:
  (1) "The Authority, and every inspector, shall for the purposes of this Act have power:
  a. whenever he has reasonable cause to believe that any person is employed in an industrial establishment, to enter, inspect and examine such industrial establishment and every part thereof at any hour of the day or night;
  b. whenever he has reasonable cause to believe any place to be an industrial establishment, to enter, inspect and examine such place by day;
  c. whenever he has reasonable cause to believe that explosive or highly inflammable materials are stored or used in any building in which an industrial establishment forms part, to enter, inspect and examine any part of such building by day;
  d. to enter any ship or vessel in any dock or harbour or at any wharf, quay or stelling and make such inspection and examination as he may deem fit;
  e. to require the production of the registers, certificates, notices and documents kept in pursuance of this Act, and to inspect, examine, and copy any of them;
  f. upon giving a receipt therefor, to remove any register, certificate, notice and document kept in pursuance of this Act for the purpose of making copies therefor or extracts there from, and upon making copies thereof or extracts therefrom, to promptly return the same to the person who produced or furnished them;
  g. to make such examination, inquiry or test as may be necessary to ascertain whether, in respect of any industrial establishment or the persons employed therein, or in respect of any prescribed occupation, the provisions of this Act and of the enactments for the time being in force relating to public health are being complied with;
  h. to conduct or take tests without unduly disturbing the workplace, of any equipment, machine, devise, article, material, chemical, physical agent, or biological agent in or about a work place and for such purposes, to take and carry away such samples as may be necessary subject to the employer being notified of such samples taken and carried away:
  i. to require in writing an employer to cause any tests described in paragraph (h) to be conducted or taken, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as specified by the inspector and to provide, at the expense of the employer, a report or assessment by that person;
  j. in any inspection, examination, inquiry or test, to be accompanied and assisted by or take with him any person having special, expert or professional knowledge of any matter, take photographs, and take with him and use any equipment or material required for such purpose;
  k. to require any person whom he finds in an industrial establishment to give such information as it is in his power to give as to whom is the occupier of the industrial establishment;
  l. to examine either alone or in the presence of any other person as he thinks fit, with respect to matters under this Act, every person whom he finds in an industrial establishment or whom he has reasonable cause to believe to have been employed or to have been employed within the preceding two months in an industrial establishment or in respect of any prescribed occupation and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined:
  Provided however, that no person shall be required under this paragraph to answer any question, or to give any evidence, tending to incriminate himself;
  m. to require that any equipment, machine, device, article or process be operated or set in motion or that a system or procedure be carried out that may be relevant to an examination, inquiry or test;
  n. to require in writing an employer to have equipment, machinery or device tested, at the expense of the employer, by a professional engineer and to provide, at the expense of the employer, a report bearing the seal and the signature of the professional engineer stating that the equipment, machinery or device is not likely to endanger a worker;
  o. to require in writing that any equipment, machinery or devise not be used pending testing described in paragraph (n)
  p. to require in writing an owner or employer to provide, at the expense of the owner or employer, a report bearing the seal and signature of a professional engineer stating:
  - the load limits of a floor, roof, part of a building, structure or temporary work;
  - that a floor, roof; part of a building, structure or temporary work is capable of supporting or withstanding the loads being applied to it. or likely to be paid to it; or
  - that a floor, roof, part of a building, structure or temporary work is capable of supporting or withstanding all loads to which it may be subjected without causing the materials therein to be stressed beyond time allowable unit stresses established under any building code or law;
  q. to require in writing an owner of a mine or part thereof to provide, at the owner’s expense, a report in writing bearing the seal and the signature of a professional engineer stating that the ground stability of, the mining methods and the support or rock reinforcement used in the mine or part thereof is such that a worker is not likely to be endangered;
  r. to require in writing, within such time as is specified, a person who is an employer, manufacturer, producer, importer, distributor or supplier to produce records or information, or to provide, at the expense of such person, a report or evaluation made by a person or organisation having special, expert or professional knowledge or qualifications as are specified by the inspector of any process, chemical, physical agent, or biological agent or a combination of such a chemical and agents present, used or intended for use in a workplace and the manner of use, including:
  - the ingredients thereof and their common or generic name or names
  - the composition and property thereof;
  - the toxicological effect thereof;
  - the effect of exposure thereto whether by contact, inhalation or ingestion;
  - the protective measures used or to be used in respect thereof-
  - the emergency measures used or to be used to deal with exposure in respect thereof; and
  - the effect of the use, transport and disposal thereof;
  s. to require the production of any material concerning the content, frequency and manner of instruction of any training programme and inspect, examine and copy the material and attend any such programme;
  t. where the inspector is a registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties wider this Act;
  u. whenever he has reasonable cause to believe that there may be any serious obstruction in the execution of his powers, duties and functions under paragraphs (a), (b). (c-) or (d), to take a member of the police force or the rural constabulary with him into the industrial establishment, building, ship or vessel, as the case may be;
  v. to exercise such other powers, duties and functions as may be necessary to carry this Act into full effect."
  (2) "The occupier of every industrial establishment, his agents and servants shall furnish the means required by an inspector as necessary for the entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his powers, duties and functions under this Act in relation to that industrial establishment."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 13)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.2.3 Power to investigate

  Summary / Citation: However,
  Power of Minister to direct formal investigation of accidents and cases of occupational disease:
  (1) "The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident arising out of and in the course of employment of any worker or case of occupational disease contracted or suspected to have been contracted in the course of employment of any worker and of its causes and circumstances, and with respect to any such investigation the following provisions shall have effect:
  a. the Minister may appoint a competent person to hold the investigation and may appoint any person possessing legal or special knowledge to act as an assessor in holding the investigation;
  b. the person or persons so appointed (hereafter in this section referred to as “the court”) shall hold the investigation in open court in such manner and under such conditions as the court may think most effectual for ascertaining the causes and circumstances of the accident or case of occupational disease, and for enabling the court to make the report in this section mentioned;
  c. the court shall have for the purposes of the investigation all the powers of a court of summary jurisdiction under the Summary Jurisdiction Acts and, in addition power:
  - to enter and inspect or to authorise any person to inspect any place or building the entry or inspection whereof appears to the court requisite for the said purpose;
  - by summons signed by the court to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiry as it thinks fit to make;
  - to require the production of all books, papers, and documents which it considers relevant;
  - to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
  d. persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before the High Court in its civil jurisdiction, and in the case of dispute as to the amount to be allowed the same shall be referred by the court to the Registrar of the Supreme Court, who on request signed by the court shall ascertain and certify the proper amount of the expenses;
  e. the court shall make a report to the minister stating the cause and circumstances of the accident or case of occupational disease and adding any observations which the court thinks right to make;
  f. the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons to act as assessors) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default of his part or on the part of any servant or agent of him, responsible in any degree for the occurrence of the accident or case of occupational disease, but any such expenses not required to be so paid shall be deemed to be part of the expenses of the Authority in the administration of this Part;
  g. if any person without reasonable excuse (proof whereof shall lie on him) either fails. After having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of a court holding an investigation under this section, or prevents or impedes the court in the execution of its duty, he shall be liable on summary conviction to a line of five thousand dollars and in the case of a failure to comply with a requisition for making any return or producing any document he shall be liable on summary conviction to a fine of five hundred dollars for every day on which such failure continues;
  h. the expenses of the Authority in the execution of the provisions of this section shall be defrayed out of monies provided by Parliament;
  i. if any witness objects to answer any question or- to produce any document on the ground that it may tend to incriminate him, or on any other lawful ground, he shall not be required to answer such question or to produce such document nor shall he be liable to any penalty in respect of such refusal."
  (2) "The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit."
  (Art. 72)
  

• 11.2.4 Duty to provide advice on OSH

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: Orders by inspectors for non-compliance.
  (1) "Where an inspector finds that a provision of this Act or the regulations is being contravened, the inspector may order, orally or in writing, the owner, employer, or person whom he or she believes to be in charge of a workplace or the person whom the inspector believes to be the contravener to comply with the provision and may require the order to be carried out forthwith or within such period of time as the inspector specifies."
  (2) "Where an inspector makes an oral order under subsection (1), the inspector shall confirm the order in writing before leaving the workplace."
  (3) "An order made under subsection (I) shall indicate generally the nature of the contravention and where appropriate the location of the contravention."
  (4) "An order made under subsection (1) may require an employer to submit to the Authority a compliance plan prepared in the manner and including such items as required by the order."
  (5) "The compliance plan shall specify what the employer plans to do to comply with the order and when the employer intends to achieve compliance."
  (6) "Where an inspector makes an order under subsection (1) and finds that the contravention of this Act or the regulations is a danger or hazard to the safety and health of a worker, the inspector may:
  a. order that any place, equipment, machine, device, article or any process or chemical shall not be used until the order is complied with;
  b. order that the work at the workplace as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by an inspector after an inspection;
  c. order that the workplace where the contravention exists be cleared of workers and isolated by barricades, fencing or any other means suitable to prevent access thereto by a worker until the danger or hazard to the safety or health of a worker is removed."
  (7) "Despite subsection (6) (b), an employer who gives notice to an inspector of compliance with an order made under subsection (6) may resume work pending an inspection and decision by an inspector respecting compliance with the order if, before the resumption of work, a committee member representing workers or a safety and health representative, as the case may be, advises an inspector that in his opinion the order has been complied with."
  (8) "In addition to the orders that may be made under subsection (6), where an inspector makes an order under subsection (1) for a contravention of section 62 or 65 or the Authority has been advised of an employer’s inability to obtain an unexpired chemical safety data sheet, the inspector may order that the hazardous chemical shall not be used or that the article that causes, emits or produces the hazardous physical agent not to be used or operated until the order is withdrawn or cancelled."
  (9) "Where an inspector makes an order under this section, he may affix to the workplace, or to any equipment, machine, device or article a copy thereof or a notice in the prescribed form and no person, except an inspector, shall remove such copy or notice unless authorized to do so by an Inspector."
  (10) "Where an inspector makes an order in writing or issues a report of his inspection to an owner, employer or person in charge of the workplace, the owner, employer or person in charge of the workplace shall forthwith cause a copy or copies thereof to be posted in a conspicuous place or places at the workplace where it is most likely to come to be attention of the workers and shall furnish a copy of such order or report to the safety and health representative or the committee, if any, and the inspector shall cause a copy thereof to be furnished to a person who has complained of a contravention of this Act or the regulations."
  (11) "An inspector shall hold or afford to an owner, employer or any other person an opportunity for a hearing before making an order."
  (12) "Notwithstanding the requirements specified in this section with regard to an order of an inspector, where an inspector has reason to believe that a person has committed an offence against this Act or the regulations, he may give that person a notice offering him the opportunity to discharge any liability to conviction for that offence by payment to the Authority of a sum of money which amounts to two-thirds of the minimum prescribed penalty within twenty-eight days of the date of the notice."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 30)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 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 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: "Where it appears to the Authority that the use of any building or part of a building, or any part of the ways, machinery or plant, in an industrial establishment involves imminent risk of bodily injury to, or imminent danger to the safety of, persons employed in connection with the industrial establishment or any class of such persons, the Authority may serve on the occupier of the industrial establishment a notice in writing prohibiting such use as aforesaid until the building or part of the building, or part of the ways, machinery or plant, as the case may be, has been repaired or altered in such a manner to remove such imminent risk, such imminent danger, as aforesaid."

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Art. 40.2)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2014
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  

• 11.3.5 Power to initiate prosecutions

  No data available.
  

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: Seizure of documents or articles.
  (1) "While acting under the authority of this Act, an inspector may, without a warrant or court order, seize any article or document that is produced to him or that is in plain view, if the inspector reasonably believes that this Act or a regulation has been contravened and that the article or document will afford evidence of the contravention."
  (2) "The inspector may remove the article or document seized or may detain it in the place in which it is seized."
  (3) "The inspector shall inform the person from whom the article or document is seized as to the reason for the seizure and shall give the person a receipt for it; the person from whom the article or document is seized, shall, immediately on receiving information as to the reason for the seizure and the receipt of the article or document seized, bring such information and receipt to the attention of management."
  (4) "The inspector shall bring an article or document seized under the authority of this section before the Authority or, if that is not reasonably possible, shall report the seizure to the Authority."
  (Art. 29)

  Powers and duties of medical inspector:
  (1) "The medical inspector for an industrial establishment shall have power at all reasonable times to inspect the general register of that industrial establishment."
  (2) "It shall be the duty of a medical inspector to investigate and report:
  a. upon any case of death or injury caused by exposure in an industrial establishment 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 Authority in pursuance of any general or special instructions of the Minister may refer to him for that purpose; and
  c. upon any case of disease of which he receives notice under this Act."
  (3) "The medical inspector, for the purpose of an investigation under this section shall have all the powers of an inspector under this Act and, in addition thereto, the power to enter any room in a building to which the person killed, injured or affected has been removed."
  (4) "Regulations may be made under this Act regulating:
  a. the duties of medical inspectors; and
  b. any special inquiry, examination or investigation held or performed by medical inspectors in pursuance of instructions or directions of the Minister."
  (Art. 16)

  Power of Inspector to require certificate of fitness for work:
  (1) "Where the Authority or an inspector is of an opinion that the employment of any young person in an industrial establishment, or in any particular process or kind of work in an industrial establishment, is prejudicial to the health of the young person or to the health of other persons, he may, anything contained in a certificate previously obtained of fitness of the young person for employment to the contrary notwithstanding, serve notice in writing on the occupier of the industrial establishment requiring that the employment of that young person in the industrial establishment or in the process or kind of work as the case may be, be discontinued after the period named therein, being not less than one or more than seven days after the service of the notice."
  (2) "No occupier of an industrial establishment shall, after the period mentioned in the notice under subsection (1), employ the young person to whom the notice relates contrary to requirements set out in the said notice, unless the medical inspector for the industrial establishment has, after the service of the notice, personally examined the young person and certified that he is fit for employment in the industrial establishment or in the process or kind of work, as the case may be."
  (Art. 17)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 16, 17)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Liability of employers, owners, directors and others:
  (1) "Notwithstanding anything contained in this Act, where an employer, or an occupier or an owner of premises to which this Act applies contravenes this Act or any regulation made thereunder, the employer, occupier, owner or competent person, as the case may be commits an offence if it is proved that he failed to take reasonable steps to prevent the contravention."
  (2) "In a prosecution of an offence under any provision of this Act, any act or neglect on the part of any manager, agent, representative, officer, director or supervisor of the accused, whether a body corporate or not, shall be the act or neglect of the act or neglect of the accused."
  (3) "Where an offence under any provision of this Act or the regulations committed by a body corporate is proved to be committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or a person who was purporting to act in such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly."
  (Art. 77)

  Offences:
  (1) "Any person who:
  a. being the owner or occupier, or manager of an industrial establishment fails within the time limited by section 7 to make application to the Authority for registration of such industrial establishment: or
  b. fails to give notice to the Authority as required by section 7(6); or,
  c. fails to furnish the Authority within a reasonable time with information required by him under section 7; or
  d. being the owner, occupier or the manager of an industrial establishment contravenes or fails to comply with section 8; or
  e. obstructs the Authority or inspector in the execution of his powers, duties or functions under this Act; or
  f. is the occupier of an industrial establishment in which an obstruction under paragraph (e) takes place,
  shall be liable on summary conviction to a fine of twenty-five thousand dollars."

  (2) "Any person who:
  a. wilfully delays the Authority or inspector in the exercise of any power under section 13; or
  b. fails to comply with any requirement of the Authority or an inspector in pursuance of section 13; or
  c. fails to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce; or
  d. wilfully withholds any information as to who is an occupier of an industrial establishment, or as to who is the employer in the case of a prescribed occupation; or
  e. conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by the Authority or an inspector,
  shall be deemed to obstruct the Authority or an inspector in the execution of his duties under this Act."

  (3) "Any person who:
  a. obstructs a medical inspector in the exercise of his powers under section 16;
  b. being the occupier of an industrial establishment, contravenes or fails to comply with any requirement of a notice under section 17;
  c. being the occupier of an industrial establishment, contravenes or fails to comply with any requirement of a notice under section 40; or
  d. contravenes section 41 (1); or
  e. contravenes or fails to comply with any requirement of a notice under section 41(2); or
  f. contravenes or fails to comply with any of the provisions of section 42; or
  g. being the occupier of an industrial establishment, contravenes or fails to comply with any of the provisions of section 84; or
  h. being the occupier of an industrial establishment fails to comply with any requirement of the Authority under section 85; or
  i. being the occupier of an industrial establishment fails to comply with any of the provisions of section 86,.
  shall be liable on summary conviction to a fine of twenty-five thousand dollars, and in the case of continuing offence shall be liable to a fine of one thousand dollars for every day upon which such offence continues after conviction."

  (4) "Subject to subsection (5) and (6), any person who by any act or omission contravenes or fails to comply with:
  a. a provision of this Actor the regulations;
  b. an order or requirement of art inspector or the authority; or .
  c. an order of the Minister or the Commissioner,
  shall, unless a penalty is otherwise specifically provided, be liable to a fine of not less than ten thousand dollars nor more than fifty thousand dollars and to imprisonment for a term of not more than twelve months."

  (5) "If a body corporate is convicted of an offence under subsection (1), the maximum fine that may be imposed upon the body corporate .shall be five hundred thousand dollars."

  (6) "If an inspector or any of the other persons referred to in section 36(1) (a) is convicted of an offence involving a contravention of section 36 (1) (a) the fine that may be imposed on such inspector or other person shall be not less than fifteen thousand dollars nor more than fifty thousand dollars."

  (7) "On a prosecution for a failure to comply with:
  a. section 45(1);
  b. section 46(1) (b). (c) or (d); or
  c. section 48 (1),
  it shall be a defence for the accused to prove that every precaution reasonable in the circumstances was taken."

  (8) "The payment of any fixed fine required under section 30(12) for contravention of any provision of this Act or the regulations shall have no bearing on the force of this Part."
  (Art. 79)

  • Occupational Safety and Health Act (No. 32 of 1997) (Cap. 99:10) (Arts. 77 and 79)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.2 Financial penalties for natural persons

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.3 Non-financial sanctions

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.4 Criminal liability

  Summary / Citation: "Everyone who commits manslaughter shall be guilty of felony and liable to imprisonment for life."

  • Criminal Law (Offences) Act (No. 18 of 1893) (Cap. 8:01) (Art. 95)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Max. imprisonment for life.

  • Criminal Law (Offences) Act (No. 18 of 1893) (Cap. 8:01) (Art. 95)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016