Saint Lucia - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    No data available.
    

  • 2.2.1.2 Domestic workers

    Summary/citation: "“Domestic worker” means a person employed for a wage in and about a private dwelling house."
    (Art. 2)

    "Application:
    3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces."
    (Art. 3)

    • Labour Act, 2006 (No. 37 of 2006). (Arts. 2 and 3)

  • 2.2.1.3 Home workers

    Summary/citation: "“Homework” means the doing of any work including, the provision of services or the manufacture, preparation, improvement, repair, alteration, assembly or completion of any article or any part thereof by an employee for wages in his or her own home or premises of his or her choice, other than the workplace of the employer and “homeworker” shall be construed accordingly."
    (Art. 2)

    "Application:
    3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces."
    (Art. 3)

    • Labour Act, 2006 (No. 37 of 2006). (Arts. 2 and 3)

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: "Application:
  3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces. (...)"
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 3)

• 2.4.2 Construction

  Summary/citation: "Application:
  3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces. (...)"
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 3)

• 2.4.3 Services

  Summary/citation: "Application:
  3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces. (...)"
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 3)

• 2.4.4 Public sector

  Summary/citation: "Application:
  3.1. Subject to subsection (2) and except where otherwise expressly excluded, this Code applies to all employees including domestic workers, homeworkers and people employed at all workplaces.
  3.2. This Code shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Code.
  3.3. Division 1 of Part V binds the Crown.
  3.4. The benefits and protections granted under this Code shall not be denied to employees merely because such employees are homeworkers where such employees are employed under contracts of employment."
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 3)

  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2007
  

• 2.4.5 Other

  No data available.
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: "“Occupational disease” means any disease specified in Schedule 1."

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Schedule 1)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: (1) "A registered medical practitioner attending to or called in to visit a patient whom he or she believes to be suffering from an occupational disease or other disease contracted in the course of his or her employment shall, unless such a notice has been previously sent, promptly send, addressed to the Department of Labour and the Chief Medical Officer, a notice stating the name and full postal address of the patient and the disease from which, in the opinion of such medical practitioner, the patient is suffering and the name and address of the place at which, and of the employer by whom, he or she is or was last employed."
  (2) "If a registered medical practitioner fails to send any notice in accordance with the requirements of this section, he or she shall be liable on summary conviction to a fine not exceeding two thousand dollars."
  (3) "Any employer who believes or suspects, or has reason to believe or suspect that a case of an occupational disease has occurred among the employees, shall promptly send written notice of such case in the form, and accompanied by the particulars, set out in the Fourth Schedule to:
  a) the Department of Labour;
  b) the committee;
  c) the safety and health representative or trade union, if any;
  d) the relevant local sanitary authority of the area within the work place of such employees is scheduled; and
  e) in the case of employees employed in industrial establishments, the medical inspector for the area within which the workplace of such employees is situated;
  and the provisions of this Code with respect to the notification of accidents shall apply with the necessary modification to any such case."
  (4) "If an employer is advised by or on behalf of an employee that a claim in respect of a “prescribed disease” as defined in the National Insurance Corporation Act has been filed with the National Insurance Board by or on behalf of the employee, the employer shall give notice in writing within four days of being so advised, to the Department of Labour and to the committee, safety and health representative or trade union, if any, containing such information and particulars as are prescribed."
  (5) "The Minister may, in relation to any class or description or place where employees are employed, by Regulations, apply this section to any disease, other than an occupational disease."

  Remarks / comments: Compensation of diseases other than the occupational ones is not specifically provided for. However, the above article requires notification of any diseases occurred in the course of work to the public authorities.

  • Labour Act, 2006 (No. 37 of 2006). (Art. 247)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: Establishment of Department of Labour:
  "The Department of Labour shall administer and carry out all administrative functions as laid down under this Code and as the Minister may direct."
  (Art. 400)

  Responsibilities of the Labour Commissioner
  (1) "The Labour Commissioner shall be responsible for the general administration of the work of the Department of Labour, for the administration of the Code and such other functions as may be assigned to him or her by the Minister."
  (2) "Without derogating from the generality of subsection (1) in particular, the Labour Commissioner shall:
  (a) promote the settlement of any differences between employers and employees in accordance with the provisions of this Code including the facilitation of any meetings for the purposes of conciliation between the parties to a trade dispute;
  (b) advise the Minister on all labour matters and on measures to improve industrial relations generally;
  (c) encourage the development of tripartism and collective bargaining and provide technical advice to employers and trade unions on industrial relations;
  (d) be responsible for the inspection of all workplaces in accordance with this Code;
  (e) prepare an annual report on the work of the department of labour and on its functions under this Code and such reports shall be published within twelve months after the end of the year to which they relate;
  (f) make recommendations to the Minister for the promotion of good industrial relation practices;
  (g) where he or she deems appropriate, recommend to the Minister to collect, prepare and publish statistics relating to any matter pertaining to this Code and labour matters in the country;
  (h) where possible, facilitate mechanisms for training and retraining of workers in Saint Lucia on a tripartite basis;
  (i) delegate certain of his or her powers to other labour officers in order to enforce the provisions of this Code and to revoke such delegation at any time; and
  (j) act, to the best of his or her ability, as an advisor on all matters pertaining to the Code and all matters concerning employment in Saint Lucia when called upon to do so by employers or trade unions."
  (Art. 402)

  Power of Labour Commissioner to institute proceedings:
  "The Labour Commissioner may institute or cause to be instituted any hearing, prosecution, or proceeding before the Tribunal for investigation and determination for the purposes of enforcing the provisions of this Code."
  (Art. 403)

  Proceedings instituted by Labour Commissioner upon complaint:
  "Where any person alleges a violation of a provision of this Code, he or she may report the matter to the Labour Commissioner who may institute or cause to be instituted proceedings before the Tribunal."
  (Art. 404)

  Labour Commissioner to hold informal inquires
  "The Labour Commissioner may inquire informally into any dispute or, pending dispute between an employer and employee or a complaint under this Code brought to his or her notice, and use his or her offices and influence to bring about a fair and reasonable settlement of such dispute or complaint without recourse to formal or legal proceedings."
  (Art. 405)

  Power of the Labour Commissioner to summon witnesses
  "The Labour Commissioner may, in the exercise of his or her functions under this Code, summon any employer, union, employee, interested party or witness to the Department of Labour for the purposes of facilitating an investigation of any complaint, matter or query under this Code or the resolution of any industrial relations dispute."
  (Art. 406)

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 400 - 406)

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  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: "There shall be provided and maintained in every place of employment first aid boxes or cupboards equipped with the prescribed contents so as to be readily accessible during all working hours."
  (Art. 15 Employees (Occupational Health and Safety) Act 1985 (No. 10))

  First Aid
  (1) "Every employer shall keep, maintain and make available to employees in the workplace, in a location that is readily accessible, a medicine chest or first aid kit with suitable contents and provide other first aid devices as appropriate."
  (2) "Each first-aid kit or cupboard shall be under the control of responsible persons who are trained in first aid treatment and tested every three years and one of whom shall always be readily available during the working hours of the industrial establishment."
  (Art. 230 Labour Act, 2006 (No. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Art. 230)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 15)

• 4.8.2 Sanitary installations

  Summary / Citation: "In every place of employment:
  (a) Sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers on duty;
  (b) Separate enclosed accommodation shall be provided for employees of either sex with adequate facilities for ventilation and light;
  (c) The accommodation shall be maintained in clean and sanitary condition at all times;
  (d) The floors and interior walls of every sanitary convenience shall have a smooth and impervious surface up to a height of 3 feet; and
  (e) Washing facilities shall be provided in or close to the accommodation."
  (Art. 13 Employees (Occupational Health and Safety) Act 1985, No. 10))

  Sanitary and washing facilities:
  (1) "Subject to subsection (2), the occupier of every industrial establishment shall provide and maintain for men and women employees
  separately, adequate, clean and easily accessible sanitation and washing facilities and such other provisions as are prescribed."
  (2) "Where there are twenty or more persons employed in an industrial establishment, the employer or other person in control of the industrial establishment shall provide and maintain separate sanitation and washing facilities for men and women in accordance with subsection (1)."
  (Art. 229 Labour Act, 2006 (No. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Art. 229)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 13)

• 4.8.3 Drinking water

  Summary / Citation: "In every place of employment effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 219)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 12)

• 4.8.4 Rest and eating areas

  Summary / Citation: Meals and lunchrooms: Article 220:
  (1) "Subject to subsection (2), where employees take any meals in the industrial establishment, there shall be provided and maintained suitable and sufficient facilities for the taking of those meals."
  (2) "Where twenty five or more persons are employed in an industrial establishment, the employer or person in control of the industrial establishment shall provide and maintain for persons employed in the industrial establishment, adequate and suitable lunchrooms, and such lunchrooms shall be convenient for the eating of meals and shall be provided with adequate lighting, ventilation and drinking water."
  (Arts. 220.1 and 220.2)

  Changing facilities:
  "In an industrial establishment, there shall be provided and maintained for the use of the industrial establishment, suitable and sufficient accommodation for change of clothing not worn during working hours."
  (Art. 221)
  

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 220 and 221)

5.1 Elements of an OSH management system

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

  Summary/citation: General duties of employers:
  "In addition to the duties imposed by subsection (1), an employer shall: (e) prepare and review at least annually, a written occupational safety and health policy in consultation with the committee or safety and health representative, if any, or an employee selected by the employees to represent them, and develop and maintain a programme to implement that policy (...)."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 257.2.e)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: "At a workplace to which the provisions of section 192 do not apply and where the number of employees exceeds ten, the employer or person having control shall cause the employees to select at least one safety and health representative who is competent to perform such functions from among the employees at the workplace."
  (Art. 190.1)
  "If a safety and health representative is not required under subsection (1) and a committee is not required pursuant to section 192, the Labour Commissioner may, by order, require an employer to cause the employees to select one or more safety and health representative from among the employees at the workplace and may provide in the order for the qualifications of such representatives."
  (Art. 190.2)

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 190.1-2)

• 5.1.3 Written risk assessment

  No data available.
  

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

• 5.1.5 Training and information on risks

  Summary/citation: "Training and supervision of operators:
  A person shall not be employed at any machine or plant or in any process unless he or she has been fully instructed as to the dangers likely to arise in connection with it and the precaution to be observed and (a) has received adequate training in work at the machine, plant or process; or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine, plant or process."
  (Art. 32 Employees (Occupational Health and Safety) Act 1985, No. 10)

  "Instructions on use of machines:
  In every industrial establishment,an employee shall not work at a machine, unless he or she has been fully instructed as to the dangers arising in connection with its operation, and the precautions to be observed, and (a) has received sufficient training in work at the machine; or (b) is under adequate supervision by an employee who has special knowledge and experience in the operation of the machine."
  (Art. 216 Labour Act, 2006 (No. 37 of 2006))

  "A sufficient number of employees shall be trained and practiced in the use of the apparatus mentioned in subsection (5) and in a method of restoring respiration and at least one such person shall be available at any time when work is being carried on in any confined space referred to in subsection (3)."
  (Art. 222.6 Labour Act, 2006 (No. 37 of 2006))

  Participation in training: Art. 243:
  (1) "In addition to providing information and instruction to an employee as required by section 242(2)(a), an employer shall ensure
  that an employee exposed or likely to be exposed to a hazardous chemical or to a hazardous physical agent receives, and 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 the committee or safety and health representative, if any, for the workplace, the training and instruction provided to an employee and his or her familiarity therewith at least annually."
  (4) "The review referred to 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 affect the safety or health of employees."
  (Art. 243 Labour Act, 2006 (No. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 216, 222.6 and 243)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 32)

• 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 committees (Art. 192) and their safety and health representatives (Art. 191).

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 191 and 192)

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

  Summary / Citation: Medical Examination
  "There shall be adequate arrangements in every place of employment for the medical examination and supervision of the employees where:
  (a) cases of disease or health disorders have occurred which may be due to the nature of a process or other conditions of work;
  (b) because of changes in any process or in the substances used in any process, there may be a risk of injury to the health of the employees engaged; or
  (c) the work involved may give rise to risks of injury to the health of the employees."
  (Art. 17.1)
  

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 17)

  • 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: "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."
  (Art. 184.6)

  "The functions of the Advisory Council are:
  a) to hear and receive proposals from interested persons and the public at large on a national policy on occupational safety and health and ways to improve occupational safety and health in Saint Lucia;
  b) to advise the Minister on general matters relating to occupational safety and health, or arising out of the operation of this Part which may be brought to its attention or be referred to it, and to formulate a national policy on occupational safety and health;
  c) to make recommendations to the Minister relating to programmes of the Department of Labour in occupational safety and health, including enforcement, and the implementation of a national policy on occupational safety and health;
  d) to promote public awareness of occupational safety and health; and
  e) any other function assigned to the Advisory Council by the Minister."
  (Art. 184.7)

  "The Advisory Council shall file with the Minister, not later than the first day of June in each year, an annual report on the affairs of the Advisory Council for the previous year."
  (Art. 184.8)

  "The Minister shall lay the report of the Advisory Council before Parliament."
  (Art. 184.9)

  "Establishment of technical committees:
  185.1. The Advisory Council may establish technical committees to assist it in the performance of its functions and may appoint persons from outside of the membership of the Advisory Council as it may deem fit to be members of any such committees.
  185.2. A person appointed under subsection (1) who is not a member of the Advisory Council or a public officer may be paid such remuneration and expenses as may be determined by the Minister."
  (Arts. 185.1 and 185.2)

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 184 and 185)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: "The Minister shall establish an advisory council to be known as the Advisory Council on Occupational Safety and Health consisting of seven members appointed by the Minister from among persons nominated for such appointment by bodies or persons representative of the concerns referred to in subsection (2), one of whom shall be the Chief Occupational Safety and Health Officer."
  (Art. 184.1)
  "The members of the Advisory Council shall be appointed for a term as the Minister determines and shall be as follows:
  (a) the Chief Occupational Safety and Health Officer;
  (b) two persons nominated by bodies representing employers’ organisations;
  (c) two persons nominated by trade unions;
  (d) one person concerned with and knowledgeable in matters relevant to occupational safety, welfare and health; and
  (e) one person nominated by the National Insurance Corporation."
  (Art. 184.2)
  "The Minister shall designate a chairperson and a vice chairperson of the Advisory Council from among the members appointed."
  (Art. 184.3)
  "The Minister may fill any vacancy that occurs in the membership of the Advisory Council in accordance with subsection (2)."
  (Art. 184.4)
  "Any remuneration and expenses of the members of the Advisory Council shall be determined by the Minister and shall be paid out of monies approved by Parliament for that purpose."
  (Art. 184.5)
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 184.1-5)

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: Establishment of joint workplace safety and health committees:
  "A joint workplace safety and health committee representing both employers and employees is required to be established:
  a) at a workplace at which twenty or more employees are regularly employed;
  b) at a workplace with respect to which an order to an employer is in effect under section 236; or
  c) at a workplace where fewer than twenty employees are regularly employed, with respect to a prescribed critical substance."
  (Art. 192.1)

  "This section does not apply to an employer at a construction site at which work is expected to last less than three months." (Art. 192.2)

  "The Minister may make Regulations exempting an employer or workplace or class of employers or workplaces from the provisions of this section." (Art. 192.3)

  "The employers of a workplace referred to in the Tenth Schedule are exempt from the requirements of this section." (Art. 192.4)

  "Notwithstanding subsections (1), (2) and (3), the Labour Commissioner 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." (Art. 192.5)

  "The employer shall cause a joint workplace safety and health committee to be established and maintained at the workplace unless the Labour Commissioner is satisfied that a committee of like nature or an arrangement, programme or system in which the workers participate was, on the date of commencement of this Code, 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 employees equal to or greater than the benefits to be derived under a committee established under this section." (Art. 192.6)

  
  Safety and health representative:
  "At a workplace to which the provisions of section 192 do not apply and where the number of employees exceeds ten, the employer or person having control shall cause the employees to select at least one safety and health representative who is competent to perform such functions from among the employees at the workplace."
  (Art. 190.1)
  "If a safety and health representative is not required under subsection (1) and a committee is not required pursuant to section 192, the Labour Commissioner may, by order, require an employer to cause the employees to select one or more safety and health representative from among the employees at the workplace and may provide in the order for the qualifications of such representatives."
  (Art. 190.2)
  "Every order made under subsection (2) may contain directions as the Labour Commissioner considers advisable concerning the carrying out of the functions of a safety and health representative."
  (Art. 190.3)
  "In exercising the power conferred under subsection (2), the Labour Commissioner shall consider the matters set out in subsection"
  (Art. 190.4)
  "The selection of a safety and health representative shall be made by those employees who will be represented by the safety and health representative in the workplace, or the part or parts thereof, as the case may be."
  (Art. 190.5)
  "Where there is a trade union or trade unions representing the employees referred to in subsection (5), the selection of a safety and health representative may be delegated by a majority of such employees to the trade union or trade unions."
  (Art. 190.6)

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 192 and 190)

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

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: Safety and health representatives:
  "Unless otherwise required under the Regulations or by an order of an authorised officer, a safety and health representative shall inspect the physical conditions of the workplace at least once a month." (Art. 191.1)
  "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." (Art. 191.2)
  "The inspection required by subsection (2) shall be undertaken in accordance with a schedule agreed upon by the employer and the safety and health representative." (Art. 191.3)
  "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." (Art. 191.4)

  Workplace health and safety committee: Inspection of workplace:
  (1) "The members of a committee who represent employees shall designate a member to inspect the physical condition of the workplace."
  (2) "Unless otherwise required by the Regulations or by an order of the Department of Labour, a member designated under subsection (1) shall inspect the physical condition of the entire workplace at least once every three months."
  (3) "If it is not practical to inspect the entire workplace in any one day in a month, in accordance with subsection (2), the member designated under subsection (1), shall continue on any remaining day of the said month to inspect at least a part of the workplace until the entire workplace is inspected in that month."
  (4) "The inspection required by subsection (3) shall be undertaken in accordance with a schedule established by the committee."
  (5) "The employer and the employees shall provide a member designated under subsection (1) with such information and assistance
  as the member may require for the purpose of carrying out an inspection of the workplace."
  (6) "The member designated under subsection (1) shall inform the committee of situations that may be a source of danger or hazard to employees and the committee shall consider such information within a reasonable period of time."
  (7) "The Labour Commissioner shall after investigation by a coroner, if required, and the Police cause a review to be done where
  an employee is killed or injured at a workplace from any cause."
  (Art. 198)
  

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 191 and 198)

• 8.4.2 Right to access OSH information

  Summary / Citation: Safety and health representatives: "A safety and health representative has the power:
  a) to obtain information from an employer concerning the conducting of tests on any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a workplace for the purpose of ensuring or safeguarding occupational safety and health;
  b) to be consulted about and be present at the beginning of testing referred to in paragraph (a), if the representative believes his or her 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 an 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."
  (Art. 191.6)

  Workplace health and safety committee:
  "In carrying out its functions pursuant to subsection (1) a committee may:
  a) obtain information from the employer respecting:
  - the identification of potential or existing hazards of materials, processes or equipment;
  - safety and health experiences and work practices and standards in similar or other industries of which the employer has knowledge; and
  - maintenance of safety and health and preventative safety and health measures;
  b) obtain information on chemical and safety data sheets;
  c) 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;
  d) be consulted about and have a designated member representing employees present at the beginning of testing referred to in clause (c) conducted in or about the workplace if the designated 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; and
  e) obtain information on any routine maintenance of equipment or other safety and health measures of a preventive nature."
  (Art. 194.2)
  

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 191 and 194)

• 8.4.3 Right to be present at interviews

  Remarks / comments: Safety and health representative: "A safety and health representative or a representative of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the employer and the employees has, in addition to his or her functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon safety and health representatives by this section." (Art. 191.9)

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: Safety and health representatives:
  "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."
  (Art. 191.4)

• 8.4.5 Right to accompany inspectors

  Remarks / comments: Safety and health representative: "A safety and health representative or a representative of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the employer and the employees has, in addition to his or her functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon safety and health representatives by this section." (Art. 191.9)

• 8.4.6 Right to use facilities

  Remarks / comments: Safety and health representative: "A safety and health representative or a representative of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the employer and the employees has, in addition to his or her functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon safety and health representatives by this section." (Art. 191.9)

• 8.4.8 Right to issue remedial notices

  Summary / Citation: Safety and health representatives:
  "A safety and health representative who identifies situations that may be a source of danger or hazard to employees shall make recommendations or report his or her findings thereon to the Department of Labour, the employer, the employees and the trade union or trade unions representing the employees."
  (Art. 191.5)
  "An employer who receives recommendations from a safety and health representative pursuant to subsection (5), shall respond in writing within twenty one days and a response of an employer under this subsection shall contain a timetable for implementing the recommendations the employer agrees with and where he or she does not agree with any of the recommendations shall give reasons why he or she disagrees with the recommendations."
  (Art. 191.7)
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 191)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: Workplace health and safety committee: "A committee shall:
  a) identify situations that may be a source of danger or hazard to employees;
  b) make recommendations to the employer and the employees for the improvement of the health and welfare of employees;
  c) recommend to the employer and the employees the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of employees."
  (Art. 194.1)
  

  Remarks / comments: Safety and health representative: "A safety and health representative or a representative of like nature appointed or selected under the provisions of a collective agreement or other agreement or arrangement between the employer and the employees has, in addition to his or her functions and the powers under the provisions of the collective agreement or other agreement or arrangement, the functions and powers conferred upon safety and health representatives by this section." (Art. 191.9)

  • Labour Act, 2006 (No. 37 of 2006). (Art. 194)

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

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

• 8.5.1 Right to enter the workplace

  No data available.
  

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

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: Composition and selection of committee:
  Art. 193
  (1) "At least half the members of a committee shall be employees employed at the workplace who do not exercise managerial functions."
  (2) "The members of a committee who represent employees shall be selected by those employees 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."
  (3) "Where there is a trade union or trade unions representing the employees referred to in subsection (2), the selection of the members
  of a committee referred to in subsection (2) may be delegated by a majority of such employees to the trade union or trade unions."
  (4) "The employer shall select the remaining members of a committee from amongst persons who exercise managerial functions for the employer."
  (5) "A member of the committee who ceases to be employed at the workplace ceases to be a member of the committee."
  (6) "The members of a committee shall, on a rotating basis, select a chairperson from among its members."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 193)

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Establishment of joint workplace safety and health committees:
  "A joint workplace safety and health committee representing both employers and employees is required to be established:
  a) at a workplace at which twenty or more employees are regularly employed;
  b) at a workplace with respect to which an order to an employer is in effect under section 236; or
  c) at a workplace where fewer than twenty employees are regularly employed, with respect to a prescribed critical substance."
  (Art. 192.1)

  "This section does not apply to an employer at a construction site at which work is expected to last less than three months."
  (Art. 192.2)

  "The Minister may make Regulations exempting an employer or workplace or class of employers or workplaces from the provisions of this section."
  (Art. 192.3)

  "The employers of a workplace referred to in the Tenth Schedule are exempt from the requirements of this section."
  (Art. 192.4)

  "Notwithstanding subsections (1), (2) and (3), the Labour Commissioner 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."
  (Art. 192.5)

  "The employer shall cause a joint workplace safety and health committee to be established and maintained at the workplace unless the Labour Commissioner is satisfied that a committee of like nature or an arrangement, programme or system in which the workers participate was, on the date of commencement of this Code, 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 employees equal to or greater than the benefits to be derived under a committee established under this section."
  (Art. 192.6)

  • Labour Act, 2006 (No. 37 of 2006). (Art. 192)

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

  Summary / Citation: Functions and powers of committee:
  "A committee shall:
  a) identify situations that may be a source of danger or hazard to employees;
  b) make recommendations to the employer and the employees for the improvement of the health and welfare of employees;
  c) recommend to the employer and the employees the establishment, maintenance and monitoring of programmes, measures and procedures respecting the safety of employees."
  (Art. 194.1)

  "In carrying out its functions pursuant to subsection (1) a committee may:
  a) obtain information from the employer respecting:
  - the identification of potential or existing hazards of materials, processes or equipment;
  - safety and health experiences and work practices and standards in similar or other industries of which the employer has knowledge; and
  - maintenance of safety and health and preventative safety and health measures;
  b) obtain information on chemical and safety data sheets;
  c) 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;
  d) be consulted about and have a designated member representing employees present at the beginning of testing referred to in clause (c) conducted in or about the workplace if the designated 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; and
  e) obtain information on any routine maintenance of equipment or other safety and health measures of a preventive nature."
  (Art. 194.2)

  Response by employers:
  Art. 196:
  (1) "An employer who receives written recommendations from a committee shall respond in writing within twenty one days."
  (2) "A response of an employer under subsection (1) 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."
  (Art. 196)

  Inspection of workplace:
  Art. 198:
  (1) "The members of a committee who represent employees shall designate a member to inspect the physical condition of the workplace."
  (2) "Unless otherwise required by the Regulations or by an order of the Department of Labour, a member designated under subsection (1) shall inspect the physical condition of the entire workplace at least once every three months."
  (3) "If it is not practical to inspect the entire workplace in any one day in a month, in accordance with subsection (2), the member designated under subsection (1), shall continue on any remaining day of the said month to inspect at least a part of the workplace until the entire workplace is inspected in that month."
  (4) "The inspection required by subsection (3) shall be undertaken in accordance with a schedule established by the committee."
  (5) "The employer and the employees shall provide a member designated under subsection (1) with such information and assistance
  as the member may require for the purpose of carrying out an inspection of the workplace."
  (6) "The member designated under subsection (1) shall inform the committee of situations that may be a source of danger or hazard to employees and the committee shall consider such information within a reasonable period of time."
  (7) "The Labour Commissioner shall after investigation by a coroner, if required, and the Police cause a review to be done where
  an employee is killed or injured at a workplace from any cause."

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 194, 196 and 198)

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

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

8.8 Protection against reprisals

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

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: Labelling of chemicals: Art. 239:
  (1) "An employer:
  a) shall ensure that all hazardous chemicals present in the workplace are labelled in a way easily understandable to the employees, 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 under paragraph (a); and
  - the 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 employees 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 and health and to the environment is eliminated or minimized."
  (2) "A person shall not remove or deface the label or identification referred to in subsection (1)(a)."
  (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 employee instruction and training are met."
  (4) "An employer shall advise the Department of Labour in writing if the employer, after making reasonable efforts, is unable to obtain a label or chemical safety data sheet required under subsection (1)."
  (5) "A chemical safety data sheet expires three years from the date it was prepared."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 239)

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

  Summary / Citation: Information from manufacturers:
  (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 employees 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 safety and health representative, if any, for the workplace or an employee selected by the employees to represent them, if there is no committee or safety and health representative."
  (3) "An employer to whom subsection (2) applies, shall make available to employees or 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 under subsection (3), shall contain such information as may be prescribed and shall be in English and such other language as may be prescribed."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 242)

• 9.2.3 Pesticides

  Summary / Citation: The Pesticides Control (Labelling of Pesticides) Regulations, 1987 contain provisions on the labelling of pesticides, weights, volumes, concentrations or dosage rates of pesticides, as well as the penalty faced in case of contravention of this regulation.

  The Pesticides Control (Registration and Licensing) Regulations, 1987 contain provisions on pesticides to be registered as approved pesticides, licence to import or manufacture pesticide, the application to fill by research institutes or organisations to obtain the authorisation to important and use for research purposes only, and on the power of Board as regards registration of pesticides, on transportation of pesticides.

  Pesticides Control Act, 1975 (No. 7 of 1975): The Pesticides Control Board is established under section 3. The Board shall advise the Minister in making Regulations under this Act (sect. 3). Suitably qualified persons may be appointed by the Board (sect. 4). The powers of inspectors are described in section 6. The Minister is granted extensive powers of regulation with respect of matters listed in section 7. The remaining provisions concern authorisation of entry, offences and punishment, the taking of samples, and further regulation. (12 sections completed by one Schedule)
  

  • Pesticide Control (Labelling of Pesticides) Regulations 1987. S.I. No. 70.

  • Pesticides Control (Registration and Licensing) Regulations (S.I. No. 71 of 1987).

  • Pesticides Control Act, 1975 (No. 7 of 1975).

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Yes.
  

• 9.4.2 Vibration and noise

  Summary / Citation: "Every employer shall take adequate steps to prevent hearing impairment caused by noise and diseases caused by vibration, from occurring to persons in, or in the vicinity of the industrial establishment and shall comply with such directives as:
  a) the Department of Labour may issue, in order to reduce the level of noise or vibration generated by a machine, device or process; and
  b) the Chief Medical Officer or other competent person may issue, in order to protect persons employed or in the vicinity of the industrial establishment from hearing impairment caused by noise or from diseases caused by vibration."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 226)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  Summary / Citation: Work in confined spaces:
  "Where any work has to be carried out in any confined space in which dangerous vapour or fume is liable to be present or in which the oxygen content of the air is liable to be substantially reduced, a person shall not enter the space unless:
  (a) all practicable steps have been taken to remove any vapour or fume which may be present and it has been established that the place is safe to enter; or
  (b) the person entering wears suitable breathing apparatus."
  (Art. 47.1)
  "A person shall not enter a confined space to which this section applies unless:
  (a) he or she is wearing a safety belt securely attached to a rope the free end of which is held by a person or persons standing outside the confined space and capable of pulling the person inside the confined space out, should he or she be overcome; and
  (b) he or she is wearing a suitable breathing apparatus which ensures a supply of air adequate for respiration or renders any vapour or fume harmless."
  (Art. 47.2)

  "In every industrial establishment, a person shall not enter or be permitted to enter any confined space such as is referred to in subsection (3) until all practical measures have been taken to remove the fumes which may be present and to prevent the ingress of fumes
  and unless:
  a) the sludge or other deposit likely to give off dangerous fumes has been removed and the space contains no other material likely to give off dangerous fumes;
  (b) the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; and
  (c) a certificate in writing has been given by a competent person, for a period of validity which shall not exceed eight hours, based on a test carried out by that person, that the space is free from dangerous concentrations of dangerous fumes and fit for persons to enter; and the person is wearing suitable breathing apparatus and a belt securely attached to a lifeline, the end of which is safely secured by another person standing outside the confined space."
  (Art.222.4 Labour Act, 2006 (no. 37 of 2006))

  "In every industrial establishment in which work is to be done in a confined space and in which dangerous fumes are likely to be present, there shall be provided and kept readily available for instant use:
  (a) a sufficient supply of breathing apparatus of a type approved by the Department of Labour; and
  (b) belts, ropes or other appropriate life lines and suitable reviving apparatus and oxygen;
  and the apparatus, ropes or other appropriate life lines shall be maintained and shall be thoroughly examined by a competent person and a report on every such examination, signed by the person making the examination and containing the required particulars, shall be kept available for inspection."
  (Art.222.5 Labour Act, 2006 (no. 37 of 2006))

  "A person shall not enter or remain in any confined space in which the proportion of oxygen in the air is or is likely to be substantially reduced unless either:
  a) he or she is wearing suitable breathing apparatus; or
  b) the space has been and remains adequately ventilated and a competent person has tested and certified it as safe for entry without breathing apparatus."
  (Art.222.7 Labour Act, 2006 (no. 37 of 2006))

  "A person shall not be permitted to enter a furnace, boiler, chamber, kiln, tank, vat, pipe, flue or other confined space for the purpose of working or making an examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter."
  (Art.222.8 Labour Act, 2006 (no. 37 of 2006))

  "A portable electric light of voltage exceeding twenty-four volts shall not be permitted for use inside any confined space referred to in subsection (3) and where the fumes present are likely to be flammable, no lamp or light, other than one with a flame-proof enclosure or one that is intrinsically safe, shall be permitted to be used in such confined space, except that where the conditions are arduous, a centre-taped transformer shall be used so that the potential differences between the live conductors and earth will not exceed twelve volts."
  (Art.222.9 Labour Act, 2006 (no. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 222.4-9)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 47.1 and 47.2)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: "All premises used as a place of employment shall be kept clean and free from effluvia from any drain, privy or other nuisance and in particular:
  (a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors, benches and furniture of workrooms and from staircases and passages and disposed of in a suitable manner;
  (b) the floors of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary or by some other effective method;
  (c) where a floor is liable to become wet to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; and
  (d) all inside walls and partitions, all ceilings or tops of rooms, passages and staircases shall be kept thoroughly cleaned, white washed, colour washed or painted."
  (Art. 8 Employees (Occupational Health and Safety) Act 1985, No. 10)

  Floors, stairs and means of access:
  "In every place of employment:
  (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails; and
  (b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work."
  (Art. 51 Employees (Occupational Health and Safety) Act 1985, No. 10)

  "Every industrial establishment shall be kept clean and free from effluvia arising from any drain, sanitary convenience or other source, and without prejudice to the generality of the forgoing provision:
  a) accumulations of dirt and refuse shall be removed daily, where practicable, by suitable methods from the floors, benches, furniture, furnishings and fittings of workrooms, and from the staircases and passages;
  b) the floors of every workroom shall be cleaned at least once every week by washing or, if it is effective and suitable, by sweeping or other method;
  c) all dirt and refuse and all waste matter, whether resulting from a process carried on in the industrial establishment or from other cause, shall be removed daily or at reasonable intervals and be suitably disposed of;
  d) effective means shall be provided, maintained and used to prevent the breeding of insects, rats, mice or other vermin;
  e) effective means shall be provided and maintained for the draining of wet floors, where necessary; and
  f) all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall be suitably washed or cleaned."
  (Art. 223.1 Labour Act, 2006 (No. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Art. 223.1)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 8 and 51)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: Provision shall be made in places of employment for securing and maintaining in every workroom adequate ventilation for the circulation of fresh air so as to prevent injury to health of employees. Where any process carried on in a workroom involves the production of excessive heat, adequate measures shall be taken so far as is practicable to protect employees from it, by separating the process from the workroom by insulation or by other effective measures."

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 10)

• 9.4.7 Fire risks

  Summary / Citation: Flammable substances:
  "Where in any place of employment any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition all practicable measures shall be taken to prevent any such explosion by:
  (a) effective enclosure of the machinery used in the process;
  (b) removal or prevention of the accumulation of such dust, gas, fume or vapour; and (c) exclusion or effective enclosure of all possible sources of ignition."
  (Art. 54)

  Precautions in case of fire:
  "Premises used as a place of employment shall be certified by the Chief Fire Officer as being provided with the means of escape in case of
  fire for persons employed in them that are reasonably required in the circumstances of each case. However, an employer operating a place of employment that was occupied before this Part came into operation, is considered to have complied with this section if, within one month of this Part coming in operation, he or she applies in writing to the Chief Fire Officer for a certificate under this section; and the employer may continue to operate the place of employment until the Chief Fire Officer has come to a decision on the application. In addition, an employer wishing to start to operate a place of employment after this Part comes into operation shall apply in writing to the Chief Fire Officer before he or she occupies the place of employment and may then operate the place of employment until the Chief Fire Officer has come to a decision on the application."
  (Art. 55.1)
  "If, on an application under this section, the Chief Fire Officer is of the opinion that the means of escape in case of fire in a place of employment for which an application has been made under this section are inadequate, he or she shall refuse to issue the certificate.
  However, an employer who is aggrieved by a decision of the Chief Fire Officer under this section may appeal to the Minister whose decision shall be final and not subject to appeal in any court. In addition, the employer does not commit an offence under this section until the Minister has given his or her decision."
  (Art. 55.2)
  "The certificate issued under this section shall be attached to the general register and a copy posted on the premises where it can conveniently be read by employees."
  (Art. 55.3)
  "If, after the grant of a certificate under this section it is proposed:
  (a) to carry out any major extension or alteration to the premises;
  (b) substantially to increase the number of persons employed on the premises;
  (c) to begin to store, handle or use explosive or highly flammable materials on the premises; or
  (d) substantially to increase any of the practices specified in paragraph (c),
  then the employer shall give notice in writing to the Labour Commissioner."
  (Art. 55.4)
  "All means of escape specified in a certificate issued under this section shall be properly maintained and kept free from obstruction at all times."
  (Art.55.5)
  "If it appears to an inspector that dangerous conditions in regard to escape in case of fire exist in any place of employment, he or she may, by notice in writing, require the employer to make any alterations he or she considers necessary within a period to be specified in the notice."
  (Art. 55.6)
  "In every place of employment:
  (a) the doors affording exit from any room shall not be locked or fastened so that they cannot be easily opened from the inside while any person is within the room, and all such doors unless they are of the sliding type shall be constructed to open outwards;
  (b) every window, door or other exit affording a means of escape in case of fire shall be distinctly and conspicuously marked by a notice printed in red letters of adequate size;
  (c) effective steps shall be taken to ensure that all employees are familiar with the means of escape in case of fire, the routine to be followed in case of fire and the use of fire extinguishers;
  (d) effective provision clearly audible throughout the premises shall be made for giving warning to all employees in the case of fire;
  (e) smoking shall be prohibited in any workroom or storeroom where explosive or highly flammable substances are handled, used or stored;
  (f) suitable and adequate means for fighting fire shall be provided and maintained;
  (g) the nature, capacity, number and location of the fire extinguishers provided under this subsection shall be decided according to the circumstances of each case and shall be approved by the Chief Fire Officer;
  (h) portable fire extinguishers shall be inspected at regular intervals and recharged when necessary;
  (i) all stocks of highly flammable substance shall be kept either in a fire-resistant store or in a safe outside any occupied premises;
  however, a store shall not be so situated as to endanger the means of escape in the event of fire occurring in the store;
  (j) highly flammable liquids shall be stored in tightly closed containers which shall not be kept in any workroom in quantities exceeding those that are actually required for the work being carried out in that workroom at the particular time."
  (Art.55.7)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 54 and 55.1-7)

• 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

  Summary / Citation: "General prohibition against discrimination:
  7.1. Subject to subsection (2), an employer shall not discriminate against any employee on the grounds of race, colour, sex, religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status or HIV\AIDS, in respect of recruitment, training, work facilities or service, promotion, terms and conditions of employment or benefit arising out of the employment relationship."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 7.1)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  Summary / Citation: Sexual harassment: "Notwithstanding the provisions of the Criminal Code 2004, No.10, creating the offence of sexual harassment, any act of sexual
  harassment against an employee committed by an employer, managerial employee or co-employee shall constitute unlawful discrimination based on sex within the meaning of section 267 and the employee shall be entitled to compensation in accordance with this Code."
  (Art. 272 Labour Act, 2006 (No. 37 of 2006))

  "Any act of sexual harassment against an employee committed by an employer, managerial employee or co-employee shall constitute unlawful discrimination based on sex within the meaning of section 3 and constitutes an offence."
  (Art. 8 Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000))

  Victimisation:
  (1) "A person who victimises another person commits an offence and is liable on summary conviction to a fine not exceeding $5,000."
  (2) "For the purposes of subsection (1), a person shall be taken to commit an act of victimisation against another person if the first-mentioned person subjects or threatens to subject the other person to any detriment:
  a. on the ground that the other person:
  - has made, or proposes to make, a complaint under this Act,
  - has brought, or proposes to bring proceedings under this Act against any person,
  - has furnished or proposes to furnish, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act,
  - has attended or proposes to attend an inquiry under this Act or to provide evidence or testimony as a witness, or
  - has made in good faith, allegation that a person has committed an act of discrimination in contravention of this Act;
  b. on the ground that the first-mentioned person believes that the other person has done, or proposes to do any of the things referred to in paragraphs (a)(i) to (a)(v)."
  (Art. 20 Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000))

  • Labour Act, 2006 (No. 37 of 2006). (Art. 272)

  • Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000) [Cap. 16:14]. (Arts. 8 and 20)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Guarding of machinery:
  (1) "Subject to subsection (3), all parts of machinery liable to cause injury shall be effectively guarded with guards of sound construction, properly maintained and kept in position whenever the parts required to be guarded are in motion or in use at any speed and for any purpose."
  (2) "Subject to subsection (3), whenever practicable, guards on power driven machines shall be interlocked with machine controls so
  as to prevent operation of the machines unless the guards are properly in position."
  (3) "The provisions of subsections (1) and (2) shall not apply where a part of machinery covered therein is necessarily exposed for
  examination or for any testing, lubrication or adjustment shown by the examination to be necessary and the examination, testing, lubrication or adjustment can only be carried out while the part is in motion."
  (Art.210.1-3 Labour Act, 2006 (No. 37 of 2006))

  "Guarding of machinery: All parts of machinery liable to cause injury shall, so far as is practicable, be effectively guarded unless they are located in such a position or are of such construction as to prevent persons from coming into contact with them."
  (Art. 24 Employees (Occupational Health and Safety) Act 1985. No. 10)

  Construction maintenance and positioning of guards:
  "All guards provided under section 24 shall be of sound construction,
  properly maintained and, subject to section 27, kept in position whenever the parts required to be guarded are in motion or in use at any speed and for any purpose."
  (Art. 25.1 Employees (Occupational Health and Safety) Act 1985. No. 10)
  "Whenever practicable, guards on power driven machines shall be interlocked with machine controls so as to prevent operation of the
  machines unless the guards are properly in position."
  (Art. 25.2 Employees (Occupational Health and Safety) Act 1985. No. 10)
  
  Exception:
  The provisions of section 24 shall not apply when a part of machinery covered by section 25 is necessarily exposed for examination or for any testing, lubrication or adjustment shown by the examination to be immediately necessary and the examination, testing, lubrication or adjustment can only be carried out while the part is in motion."
  (Art. 26 Employees (Occupational Health and Safety) Act 1985. No. 10)
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 210)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 24 - 26)

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

  No data available.
  

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

  No data available.
  

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

  Summary / Citation: "Construction and sale of new machinery:
  (1) In the construction 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; and
  (b) all spur and other toothed or friction gearing, which does not require adjustment while in motion, shall be completely encased unless it is so situated, or is of such a design, as to be as safe as it would be if completely encased.
  (2) Any person who sells, or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire for use in an industrial establishment, any machine intended to be driven by mechanical power which does not comply with the requirements of this section, commits an offence.
  (3) The Minister may make Regulations extending subsection (2) to machinery or plant which does not comply with such requirements of this Division as may be specified in the Regulations and any Regulations made under this subsection may relate to machinery or plant in a specified process."
  (Art. 215)

  • Labour Act, 2006 (No. 37 of 2006). (Art. 215)

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Cleaning and repair of machinery:
  "When any cleaning or repairing work has to be undertaken on a power driven machine, the machine shall be stopped before the work is begun, and adequate measures taken to ensure that the machine cannot be restarted until the work has been completed. However, the machine may be restarted under the immediate control of the person responsible for the repair work where that is necessary for testing, lubrication or adjustment purposes."
  (Art. 30.1 Employees (Occupational Health and Safety) Act 1985, No. 10)
  "If any cleaning or repair work has to be carried out on a machine, any part of which may move without the power being applied, that part shall be effectively blocked before the work is begun."
  (Art. 30.2 Employees (Occupational Health and Safety) Act 1985, No. 10)

  Articles 211.1 and 211.2 of the Labour Act, 2006 contain the same provisions as Articles 30.1 and 30.2 of the Employees (Occupational Health and Safety) Act 1985, No. 10.

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 211.1 and 211.2)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 30.1 and 30.2)

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: (1)"Subject to subsection (2), an employer shall, after being notified by a female employee that she is pregnant, adapt the working conditions of that employee, or ensure that she is not involved in the use of or exposure to chemicals or substances or conditions of work
  which are hazardous to her health and the health of the unborn child."
  (2) "Where alternative work not involving the use or exposure or conditions referred to in subsection (1) is available, such work shall be assigned to the employee during pregnancy with the right of such employee to return to her previous work after the birth of her child."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 258)

• 9.8.2 Protection of lactating women at work

  No data available.
  

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

  No data available.
  

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

  Summary / Citation: "Employment of young persons:
  A young person shall not be employed in the following processes and operations:
  (a) Cleaning, lubricating or adjusting any machinery while in motion;
  (b) Work on steam boilers, kilns, ovens (other than bakery ovens) or other equipment involving exposure to high temperature;
  (c) Work on machine tools and any other high speed machinery;
  (d) Operation of cranes, winches and other lifting appliances;
  (e) Operation of vibratory tools; and
  (f) Work involving responsibility for the safety and health of other persons.
  However, a young person adequately instructed and supervised may be employed in any process or operation specified in this section for the purpose of apprenticeship or skill-training."
  (Art. 23 Employees (Occupational Health and Safety) Act 1985. No. 10)

  "Register of children and young persons:
  124.1. An employer shall keep a register of all children and young persons employed by him or her.
  124.2. Such register shall contain particulars of the names, addresses and dates of birth and national insurance numbers of such persons, and of the dates on which they enter and leave employment and the employer shall make available to any labour officer or inspector such register for inspection."
  (Art. 124 Labour Act, 2006 (No. 37 of 2006))

  "Regulations for the employment of young persons:
  The Minister, may, on the advice of the Labour Commissioner and the Medical Board, make Regulations:
  a) to prohibit or place conditions on the employment of children and young persons who are no longer subject to compulsory schooling under any enactment;
  b) to prescribe categories of work in which children and young persons cannot be employed;
  c) permitting persons over the age of thirteen years to engage in work;
  d) with respect to the conditions required to protect the health,
  safety and welfare of any child or young person employed at any work place; or
  e) after consultation with organizations of employers and workers concerned, setting out the types of employment or work to which section 122(2) applies."
  (Art. 126 Labour Act, 2006 (No. 37 of 2006))

  "Prohibition of children in an industrial establishment:
  Where it appears to the Department of Labour that it may be dangerous or injurious to have children present in any industrial establishment or part of the industrial establishment during an inspection, the Department of Labour may serve on the employer or person in control of the industrial establishment a notice in writing requiring him or her to prohibit and to prevent the admission of such children to the industrial establishment, or part of the industrial establishment as, the case may be."
  (Art. 214 Labour Act, 2006 (No. 37 of 2006))

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 124, 126 and 214)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 23)

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

• 10.1.1 Work-related accidents

  Summary / Citation: "There shall be kept in every industrial establishment, or such place outside the industrial establishment as may be approved by the Department of Labour, a register, in the prescribed form, called the general register and there shall be entered in or attached to that general register:
  a) the prescribed particulars relating to the persons employed in the industrial establishment who have not attained the age of eighteen;
  b) the prescribed particulars as to the washing, white-washing or colour washing, painting or varnishing, of the industrial establishment;
  c) the prescribed particulars relating to every accident and case of industrial disease occurring in the industrial establishment of which notice is required to be sent to an authorised officer;
  d) all reports and particulars required by any other provision of this Part to be entered in or attached to the general register; and
  e) such other matters as may be prescribed."
  (Art. 209.1)
  "The employer or person in control of an industrial establishment shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his or her duties under this Part."
  (Art. 209.2)

  • Labour Act, 2006 (No. 37 of 2006). (Art. 209)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: "There shall be kept in every industrial establishment, or such place outside the industrial establishment as may be approved by the Department of Labour, a register, in the prescribed form, called the general register and there shall be entered in or attached to that
  general register:
  a) the prescribed particulars relating to the persons employed in the industrial establishment who have not attained the age of eighteen;
  b) the prescribed particulars as to the washing, white-washing or colour washing, painting or varnishing, of the industrial establishment;
  c) the prescribed particulars relating to every accident and case of industrial disease occurring in the industrial establishment of which notice is required to be sent to an authorised officer;
  d) all reports and particulars required by any other provision of this Part to be entered in or attached to the general register; and
  e) such other matters as may be prescribed."
  (Art. 209.1)
  "The employer or person in control of an industrial establishment shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his or her duties under this Part."
  (Art. 209.2)

  • Labour Act, 2006 (No. 37 of 2006). (Art. 209)

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: (1) "An authorised officer shall, for the purposes of this Part, have power:
  a. where he or she has reasonable cause to believe that any place is an industrial establishment or that any person is employed in an industrial establishment, to enter, inspect and examine the industrial establishment or part of an industrial establishment as he or she deems fit;
  b. where he or she has reasonable cause to believe that explosives or highly flammable materials or toxic substances are stored or used in any building of which an industrial establishment or workplace forms part, to enter, inspect and examine any part of that building as he or she deems fit (...)."

  (5) "The employer or person having control of an industrial establishment and his or her agents and servants shall furnish the means required by an authorised officer as necessary for the entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his or her powers, duties and functions in relation to that industrial establishment."
  

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 176.1 and 176.5)

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

  Summary / Citation: General powers of authorised officers:
  (1) "An authorised officer shall, for the purposes of this Part, have power:
  a. where he or she has reasonable cause to believe that any place is an industrial establishment or that any person is employed in an industrial establishment, to enter, inspect and examine the industrial establishment or part of an industrial establishment as he or she deems fit;
  b. where he or she has reasonable cause to believe that explosives or highly flammable materials or toxic substances are stored or used in any building of which an industrial establishment or workplace forms part, to enter, inspect and examine any part of that building as he or she deems fit;
  c. to require the production of any registers, certificates, licences, records, reports, notices and documents kept pursuant to this Part and to inspect, examine and copy the same;
  d. upon giving a receipt, to remove any register, certificate, licence, record, report, notice and document kept pursuant to this Part for the purpose of making copies of or extracts from them, and upon making copies or extracts thereof, to promptly return the same to the person who produced or furnished them within seven days of the removal;
  e. to make such examination, inquiry or test as may be necessary to ascertain whether, in respect of any industrial establishment or its employees, or in respect of any prescribed occupation, the provisions of this Part and of the enactments for the time being in force relating to public health are being complied with;
  f. to conduct tests, without unduly disturbing the workplace, of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a work place and for such purposes and, upon notifying the employer, or person having control of an industrial establishment to take and carry away samples as may be necessary;
  g. to require in writing an employer or person having control of the industrial establishment to cause any tests described in paragraph (f) to be conducted, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as specified by the authorised officer and to provide, at the expense of the employer, a report or assessment by that person;
  h. to require any person who the authorised officer finds in an industrial establishment to give such information as it is in that person’s power to give as to who is the employer or person having control of the industrial establishment;
  i. to examine any person who the authorised officer finds in an industrial establishment or whom the authorised officer has reason to believe to be an employee in that industrial establishment or to have been employed within the preceding two months in that industrial establishment or in respect of any prescribed occupation, and to require every such person to sign a declaration of the truth of the matters about which he or she is so examined;
  j. to require, upon at least twenty four hours notice to an employee 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 (...)."
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 176)

• 11.2.3 Power to investigate

  Summary / Citation: Duties and powers of medical inspectors:
  Art. 187:
  1. "A medical inspector appointed pursuant to section 186 shall have power at all reasonable times to inspect the general register referred to in section 209."
  2. "It shall be the duty of a medical inspector to investigate and report on:
  a) any case of death or injury caused by exposure to fumes or other noxious substances in an industrial establishment, or due to any other special cause specified in instructions of the Minister as requiring investigation;
  b) any case of death or injury which the Department of Labour, in pursuance of any general or special instructions of the Minister, may refer to the medical inspector for that purpose; and
  c) any case of disease of which he or she receives notice under this Part."
  3. "A medical inspector, for the purpose of any investigation under this section, shall have all the powers of an authorised officer under
  this Part."
  4. "The Minister may make Regulations to regulate:
  a) the duties of medical inspectors; and
  b) any special inquiry, examination or investigation held or performed by medical inspectors pursuant to instructions or directions of the Minister."

  General powers of authorised officers: "An authorised officer shall, for the purposes of this Part, have power:
  - without prejudice to the powers and duties granted to a medical inspector, investigate and inquire into the causes and circumstances of any accident or other dangerous occurence occurring at an industrial establishment and make a report thereof. (...)"
  (Art. 176.1.u)
  

  • Labour Act, 2006 (No. 37 of 2006). (Art. 176.1.u)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 187)

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: (1) "Where an authorised officer finds that a provision of this Part or Regulations made thereunder is being contravened, that authorised officer may order, orally or in writing, the owner, employer, or person in charge of a workplace to comply with the provision and may require the order to be carried out promptly or within such period of time as the authorised officer specifies."
  (2) "Where an authorised officer makes an oral order under subsection (1), he or she shall confirm the order in writing before leaving the workplace."
  (3) "An order made under subsection (1) 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 or person in control to submit to the Department of Labour a compliance plan prepared in the manner as directed by the Chief Occupational Safety and Health Officer and including such items as required by the order."
  (5) "The compliance plan shall specify what the employer or person in control has to do to comply with the order and when the employer intends to achieve compliance."
  (6) "Where an authorised officer makes an order under subsection (1) and finds that the contravention of this Part or the Regulations is a danger or hazard to the safety and health of employees, he or she may:
  - order that any place, equipment, machine, device, article or any process or chemical shall not be used until the order is complied with;
  - order that the work at the workplace or in the affected area as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by the Department of Labour after an inspection; or
  - order that the workplace or the affected area where the contravention exists be cleared of employees and isolated by barricades, fencing or any other means suitable to prevent access thereto by any employee until the danger or hazard to the safety or health of employees is removed."
  (7) "Notwithstanding subsection (6)(b), an employer or person in control who gives notice to the authorised officer of compliance with an order made under subsection (6), may resume work pending an inspection and decision by the Department of Labour respecting compliance with the order and the employer shall bear all liability arising out the decision to resume."
  (8) "Where an authorised officer makes an order under subsection (1), or where the Department of Labour has been advised of an employer’s inability to obtain an unexpired chemical safety data sheet, an authorised officer may order that the hazardous chemical shall not be used or that the article that causes, emits or produces the hazardous physical agent shall not to be used or operated until the order is withdrawn or cancelled."
  (9) "Where an authorised officer makes an order under this section, he or she 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 authorised officer, shall remove such copy or notice unless authorized to do so by an authorised officer."
  (10) "Where an authorised officer makes an order in writing or issues a report of his or her inspection to an employer or person in charge of the workplace, the employer or person in charge of the workplace shall promptly cause a copy or copies of the order to be posted in a conspicuous place or places at the workplace where it is most likely to come to the attention of the employees and shall furnish a copy of such order or report to the safety and health representative or the committee, and the recognized trade union, if any."
  (11) "An authorised officer shall hold or afford to an employer or a person in charge of a workplace, an opportunity for a hearing before making an order."
  (12) "Where an order is made pursuant to this section, the Chief Occupational Safety and Health Officer shall notify the National Insurance Corporation in writing and the relevant recognised trade union, if any."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 179)

• 11.3.2 Power to impose financial penalties

  Summary / Citation: "General, penalty:
  Subject to the provisions in the Act, any person who contravenes any provision of this Act for which no express penalty is provided is liable:
  (a) if he or she is an employee, to a fine not exceeding $200 or to imprisonment for 3 months; and
  (b) in any other case, to a fine not exceeding $100 or imprisonment for one month and subject to the provision of section 57, if the contravention in respect of which he or she has been convicted is continued after the conviction, he or she commits a further offence and is liable to a fine not exceeding $50 for each day on which the contravention has been or is continued."

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 59)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: "Where an authorised officer makes an order under subsection (1) and finds that the contravention of this Part or the Regulations is a
  danger or hazard to the safety and health of employees, he or she may:
  - order that any place, equipment, machine, device, article or any process or chemical shall not be used until the order is complied with;
  - order that the work at the workplace or in the affected area as indicated in the order shall stop until the order to stop work is withdrawn or cancelled by the Department of Labour after an inspection; or
  - order that the workplace or the affected area where the contravention exists be cleared of employees and isolated by barricades, fencing or any other means suitable to prevent access thereto by any employee until the danger or hazard to the safety or health of employees is removed."

  • Labour Act, 2006 (No. 37 of 2006). (Art. 179.6)

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: "All offences under this Act shall be triable summarily and shall be laid in the name of the Labour Commissioner."
  (Art. 57)

  "Continuing offences: Where an offence is committed under this Act because of a failure to make an examination, enter a report or do any other thing within a specified time, the offence is considered to continue until the examination is made, or the report is entered or the other thing is done."
  (Art. 58)
  

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 57 and 58)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: Chief Occupational Safety and Health Officer to monitor registered industrial establishment:
  (1) "The Chief Occupational Safety and Health Officer may make such steps as considered necessary to ascertain whether:
  (a) any industrial establishment registered under this Part is being operated as an industrial establishment; or
  (b) any change has taken place in the particulars registered under section 173(5) in respect of any industrial establishment."
  (2) "Where the Chief Occupational Safety and Health Officer ascertains that any registered industrial establishment is not being operated as an industrial establishment, or that a change has taken place in the particulars as registered in respect of any industrial establishment, the Chief Occupational Safety and Health Officer shall remove the name of the industrial establishment from the register kept and maintained pursuant to section 173(5) or shall make such amendment to the register as the circumstances may require."
  (Art. 175)

  General powers of authorised officers:
  (1) "An authorised officer shall, for the purposes of this Part, have power:
  a. where he or she has reasonable cause to believe that any place is an industrial establishment or that any person is employed in an industrial establishment, to enter, inspect and examine the industrial establishment or part of an industrial establishment as he or she deems fit;
  b. where he or she has reasonable cause to believe that explosives or highly flammable materials or toxic substances are stored or used in any building of which an industrial establishment or workplace forms part, to enter, inspect and examine any part of that building as he or she deems fit;
  c. to require the production of any registers, certificates, licences, records, reports, notices and documents kept pursuant to this Part and to inspect, examine and copy the same;
  d. upon giving a receipt, to remove any register, certificate, licence, record, report, notice and document kept pursuant to this Part for the purpose of making copies of or extracts from them, and upon making copies or extracts thereof, to promptly return the same to the person who produced or furnished them within seven days of the removal;
  e. to make such examination, inquiry or test as may be necessary to ascertain whether, in respect of any industrial establishment or its employees, or in respect of any prescribed occupation, the provisions of this Part and of the enactments for the time being in force relating to public health are being complied with;
  f. to conduct tests, without unduly disturbing the workplace, of any equipment, machine, device, article, material, chemical, physical agent or biological agent in or about a work place and for such purposes and, upon notifying the employer, or person having control of an industrial establishment to take and carry away samples as may be necessary;
  g. to require in writing an employer or person having control of the industrial establishment to cause any tests described in paragraph (f) to be conducted, at the expense of the employer, by a person possessing such special expert or professional knowledge or qualifications as specified by the authorised officer and to provide, at the expense of the employer, a report or assessment by that person;
  h. to require any person who the authorised officer finds in an industrial establishment to give such information as it is in that person’s power to give as to who is the employer or person having control of the industrial establishment;
  i. to examine any person who the authorised officer finds in an industrial establishment or whom the authorised officer has reason to believe to be an employee in that industrial establishment or to have been employed within the preceding two months in that industrial establishment or in respect of any prescribed occupation, and to require every such person to sign a declaration of the truth of the matters about which he or she is so examined;
  j. to require, upon at least twenty four hours notice to an employee 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;
  k. to require, in writing, an employer or person having control of the industrial establishment 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;
  l. to require in writing that any equipment or device not be used pending testing described in paragraph (k);
  m. to require in writing that an employer or person having control of the industrial establishment to provide a report stating:
  - the load limits of a floor, roof, part of a building, structure or temporary structure;
  - that a floor, roof, part of a building, structure or temporary structure is capable of supporting or withstanding the loads being applied to it or likely to be applied to it; or
  - that a floor, roof, part of a building, structure or temporary structure is capable of supporting or withstanding all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under any building code or law;
  and where the authorised officer has reason to believe that this report is inadequate may cause an independent report to be prepared;
  n. to require, in writing, an employer or person having control of a mine or part thereof to provide, at the expense of the employer or person having control of the industrial establishment or part thereof, a report in writing bearing the seal and the signature of a professional engineer stating that
  the ground stability of the mine, the mining methods and the support or rock reinforcement used in the mine or part thereof, is such that an employee is not likely to be endangered;
  o. to require in writing, within such time as is specified, that 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 organization having special, expert or professional knowledge or qualifications as are specified by the authorised officer, of any process, chemical, physical agent or biological agent or a combination thereof, 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;
  p. 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;
  q. where the authorised officer is a registered medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his or her duties under this Part;
  r. whenever he or she has reasonable cause to believe that there may be any serious obstruction in the execution of the powers, duties and functions given to him or her under this Part, to take a police officer with him or her into the industrial establishment, building, ship or vessel, as the case may be;
  s. in the presence of the employer or a representative of the employer, to seize and remove any article or document as evidence of a violation of this Part where he or she reasonably believes that a violation of this Part or the Regulations has been committed;
  t. to halt the operations of an industrial establishment where he or she reasonably believes that there is a serious and imminent threat to life or of grave physical injury to the workers of that industrial establishment or to the public;
  u. without prejudice to the powers and duties granted to a medical inspector, investigate and inquire into the causes and circumstances of any accident or other dangerous occurence occurring at an industrial establishment and make a report thereof;
  v. to exercise such other powers, duties and functions as may be necessary to give full effect of the provisions of this Part.".

  (2) "An authorised officer may, in any inspection, examination, inquiry or test:
  a. be accompanied and assisted by a police officer or any person having special, expert or professional knowledge of any relevant matter; or
  b. take photographs and use any equipment or material required for such purpose."

  (3) "Where an article or document has been seized by an authorised officer in the exercise of his or her duties, that authorised officer:
  a. shall undertake the seizure in the presence of an employer or a representative of the employer;
  b. may remove the article or document seized or may detain it in the place in which it is seized; and
  c. 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;
  and the person from whom the article or document is seized, shall immediately bring the fact of the seizure to the attention of management."

  (4) "An authorised officer shall take all necessary steps to preserve the integrity of an article or a document seized pursuant to this section."

  (5) "The employer or person having control of an industrial establishment and his or her agents and servants shall furnish the means required by an authorised officer as necessary for the entry, inspection, examination, inquiry, the taking of samples or otherwise for the exercise of his or her powers, duties and functions in relation to that industrial establishment."

  (6) "The Department of Labour shall ensure that persons and organizations concerned with issues at the workplace are provided with information and advice pertaining to its administration, and to the protection of the occupational safety and health of employees generally."
  (Art. 176)

  • Labour Act, 2006 (No. 37 of 2006). (Arts. 175 and 176)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: "Power of Court to order contravention to be remedied"
  60.1. "Where a person is convicted of an offence under this Act, the Court may, in addition to or instead of imposing a fine, order him or her to take any specific action, within the time specified in the order, to remedy the cause of the contravention."
  60.2. "The time fixed by an order under this section may be extended by a further order on an application made before the time specified in the original order expires."
  60.3. "Where an order or further order has been made by the Court under this section and the person against whom such order was made has not complied with it, that person is liable to a fine not exceeding $50 for each day on which the non-compliance continues."
  60.4. "Where the time allowed by any order referred to in subsections (1) and (2) has expired and the person against whom the order made has not complied with it, that person is liable to a fine not exceeding $50 for each day on which the non-compliance continues."
  (Arts. 60.1 - 4 Employees (Occupational Health and Safety) Act 1985, No. 10)

  "Offence by employees: Where an employee contravenes any provision of this Act with regard to duties of employees, he or she commits an offence unless it is proved that he or she took all reasonable steps to prevent the contravention."
  (Art. 62 Employees (Occupational Health and Safety) Act 1985, No. 10)

  "Special offences: Any person who without reasonable excuse:
  a) fails to appear before the person holding an inquiry under section 22 after being required to do so;
  b) fails to provide any information or document required by the person holding an inquiry under section 22; or
  c) impedes or obstructs a person holding an inquiry under section 22,
  commits an offence and is liable on conviction to a fine not exceeding $500 or imprisonment for a period not exceeding 3 months or both fine and imprisonment."
  (Art. 64 Employees (Occupational Health and Safety) Act 1985, No. 10)

  General penalty clause
  (1) "A person who contravenes a provision of this Act commits an offence."
  (2) "A person found guilty of an offence under this Act for which no penalty is prescribed is liable on summary conviction to a fine not exceeding $5,000."
  (Art. 23 Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000))

  Remedies
  "Despite any other remedy that may be available in any court of competent jurisdiction, any person who is aggrieved by any act or omission of an employer in contravention of Part 2 is entitled to claim or apply for all or any of the following remedies:
  a. damages from the employer, or any other person or body covered under this Act, for any loss caused directly or indirectly as a result of the contravention;
  b. an order directing the employer or other relevant person or body covered under this Act to redress the contravention, including an order to employ, re-employ or reinstate any person, although the vacancy in question has already been filled and although the employer may be liable to any claim arising from the need to dismiss or terminate the services of any other employee who has been engaged;
  c. an order making any decision found to have been based on unlawful discrimination voidable;
  d. any other order the court may deem fair and just to remedy the cause and effect of the discrimination."
  (Art. 24 Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000))

  • Equality of Opportunity and Treatment in Employment and Occupation Act 2000 (No. 9 of 2000) [Cap. 16:14]. (Arts. 23 and 24)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 60.1-4, 62 and 64)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: "Offences by corporate bodies:
  Where a corporate body has contravened any provisions of this Act and the contravention is proved to have been committed with the consent and connivance of or to be attributable to any neglect on the part of any officer of the corporate body, he or she, as well as the corporate body, is considered to have contravened that provision and be liable to be proceeded against and punished accordingly."

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Art. 61)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: Negligent harm:
  "Any person who negligently and unlawfully causes harm to any other person is liable on conviction on indictment to imprisonment for one year, or on summary conviction to imprisonment for six months."
  (Art. 111)

  Negligent grievous harm:
  "Any person who negligently or unlawfully causes grievous harm to the person is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for one year."
  (Art. 112)

  Death caused by gross negligence or recklessness:
  (1) "A person upon whom the law imposes a duty or who has taken upon himself or herself any duty tending to preserve life and:
  a) who regardless of the life, safety, welfare and health of others, neglects to perform in that duty or performs it negligently and thereby causes the death of another person; or
  b) who acts recklessly in such a manner as to create an obvious and serious risk of causing physical injury to some other person who
  thereby causes the death of that other person;
  is guilty of manslaughter."
  (2) "For the purposes of subsection (1):
  a) the degree of negligence must be higher than that required to establish negligence for civil liability;
  b) the negligence or recklessness must have been a substantial cause of the death and there must have been personal misconduct or personal negligence on the part of the accused."
  (3) "It is no defence to a charge on indictment under subsection (1) that the death was caused by the negligence of others as well as of the accused; if the death is caused by the act or default of several persons they are all guilty of manslaughter but the negligence imputed to the accused must have been a substantial cause of the death."
  (4) "If the negligent act of the accused was a substantial cause of death, the fact that the deceased was himself or herself negligent and so contributed to the accident or other circumstances by which the death occurred does not afford a defence to a charge under subsection (1) of this section."
  (Art. 92)
  Penalty for manslaughter:
  "A person convicted of manslaughter shall be liable on conviction on indictment to life imprisonment."
  (Art. 93)

  • The Criminal Code (Amendment) Act 2006 (No. 38 of 2006).

  • Criminal Code (No. 9 of 2004). (Arts. 92, 93, 111 and 112)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Negligent harm:
  "Any person who negligently and unlawfully causes harm to any other person is liable on conviction on indictment to imprisonment for one year, or on summary conviction to imprisonment for six months."
  (Art. 111 Employees (Occupational Health and Safety) Act 1985. No. 10)

  Negligent grievous harm:
  "Any person who negligently or unlawfully causes grievous harm to the person is liable on conviction on indictment to imprisonment for two years or on summary conviction to imprisonment for one year."
  (Art. 112 Employees (Occupational Health and Safety) Act 1985. No. 10)

  Penalty for manslaughter:
  "A person convicted of manslaughter shall be liable on conviction on indictment to life imprisonment."
  (Art. 93 Criminal Code (No. 9 of 2004))

  • Criminal Code (No. 9 of 2004). (Art. 93)

  • Employees (Occupational Health and Safety) Act 1985. No. 10. (Arts. 111 and 112)