Trinidad and Tobago - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  No data available.
  

  • 2.2.1.1 Migrant workers

    No data available.
    

  • 2.2.1.2 Domestic workers

    No data available.
    

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: "Without prejudice to the generality of subsection (1) Regulations may provide for the safety, health and welfare of persons employed in the construction and maintenance of buildings, agricultural work, field operations and other outdoor activities."

  Restrictions / obligations: Except if in the OSH Act 2004 is otherwise expressly provided, "this Act shall apply only to industrial establishments", (Art. 5).

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 99.2(k))

• 2.4.2 Construction

  Summary/citation: Special provisions in respect of factories, building operations and works of engineering construction can be found under Part XI.

  "PART XI
  SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

  Construction and alteration of factories
  59. (1) No person shall undertake, without the prior approval of the Chief Inspector—

  (a) the construction of any new factory or warehouse;

  (b) the reconstruction of any existing factory or warehouse or the extensive installation of any new plant or machinery therein; or

  (c) the alteration, modification or changes in the existing plant or machinery which is likely to change significantly the working environment in a factory or warehouse.

  59. (2) A period of not more than six weeks shall be allowed for the consideration of every application made under this section and where the Chief Inspector’s decision is not issued to the applicant during that period, the Chief Inspector shall submit his reasons for the delay, in writing, to the applicant.

  59. (3) Every application under this section shall be made on the prescribed form and shall be accompanied by the prescribed documents.

  Notice of occupation of factory and use of mechanical power
  60. (1) Every person shall, within one month after he begins to occupy, or to use any premises, as a factory, serve on the inspector and the local health authority for the district a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is used and, if so, its nature, the name of the local health authority within whose district the factory is situated and such other particulars as may be prescribed, and if he fails to do so, he shall be guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars and to a further fine of five hundred dollars for each day on which the offence continues.

  60. (2) Within one month of the date upon which mechanical power is, after the commencement of the Act, first used in any factory, the occupier shall serve on the inspector and the local health authority for the district a written notice stating the nature of such mechanical power.

  Postings
  61. (1) Every occupier shall keep prominently displayed in an appropriate part of the factory—

  (a) the prescribed abstract of this Act; and

  (b) a suitable clock.

  61. (2) In every factory a printed copy of this Act and of the Regulations or Orders for the time being in force together with the rules of that factory shall be provided and maintained in good condition in a location readily accessible to employees.

  61. (3) An inspector may direct that any document required to be posted under this section shall be in the prescribed form and shall be posted in such part of the factory as he may think fit.

  61. (4) A person who removes, damages or defaces any document required by this Act to be posted in a factory commits an offence and is liable, on summary conviction, to a fine of five hundred dollars.

  Periodical returns of factory employees
  62. The occupier of every factory shall, at intervals of not less than one year, send to the Chief Inspector a correct return specifying with respect to such period as the Minister may direct, the number of persons employed in his factory, and giving such particulars as may be prescribed, as to the hours of employment of each employee, as to the age, sex and occupation of all persons employed, and as to such other matters, if any, as the Minister may direct.

  Building operations and works of engineering construction
  63. Any person undertaking any building operations or works of engineering construction shall, not later than seven days after the beginning thereof, serve on the Chief Inspector a written notice stating the name and postal address of the person so undertaking the operations or works, the place and nature of the operations or works, the name of the regional health authority within whose district the operations or works are situated and such other particulars as may be prescribed where—

  (a) this section shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Chief Inspector may direct; and

  (b) where a person undertakes any building operations or works of engineering construction in a place where such operations or works are in progress, he shall not be required to give notice, if a notice was given in respect of the operations or works in progress."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 59-63)

• 2.4.3 Services

  No data available.
  

• 2.4.4 Public sector

  Summary/citation: General application of Act:
  (1) "Except as in this Act otherwise expressly provided, this Act shall apply only to industrial establishments."
  (2) "This Act shall apply to industrial establishments belonging to or occupied by the State but in case of any public emergency the Minister may, by Order, for the duration of the period specified in the Order, exempt from this Act any industrial establishment:
  a. belonging to or occupied by the State;
  b. in which work is being carried out on behalf of the State; or
  c. whose activities are vital to the national welfare."
  (3) "Where any of the rights of an employee established by any other Act, collective agreement, contract of employment, custom or practice are more favourable than this Act requires, the provisions so established prevail over this Act."
  (4) "This Act binds the State."
  (Art. 5)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 5)

• 2.4.5 Other

  Summary/citation: "“Industrial establishment” means a factory, shop, office, place of work or other premises but does not include:
  (a) premises occupied for residential purposes only; or
  (b) other categories of establishment exempted by the Minister in accordance with this Act."
  (Art. 3)

  General application of Act
  (1) "Except as in this Act otherwise expressly provided, this Act shall apply only to industrial establishments."
  (2) "This Act shall apply to industrial establishments belonging to or occupied by the State but in case of any public emergency the Minister may, by Order, for the duration of the period specified in the Order, exempt from this Act any industrial establishment:
  a. belonging to or occupied by the State;
  b. in which work is being carried out on behalf of the State; or
  c. whose activities are vital to the national welfare."
  (3) "Where any of the rights of an employee established by any other Act, collective agreement, contract of employment, custom or practice are more favourable than this Act requires, the provisions so established prevail over this Act."
  (4) "This Act binds the State."
  (Art. 5)

  PART X: SPECIAL APPLICATION AND EXTENSIONS

  Provisions re: lease of part of premises as a separate industrial establishment
  (1) "The owner or occupier of any premises shall, before letting any premises or part of premises for use as an industrial establishment:
  - in which the aggregate number of persons employed exceeds twenty;
  - in which more than ten persons are employed in the same building above the ground floor of the building; or
  - in which explosive or highly flammable substances are stored or used, shall obtain from the Chief Inspector a certificate as to the suitability of the premises or part thereof, as the case may be, for its intended use."
  (1B) "Where it appears to the Chief Inspector that in an industrial establishment with twenty or less employees any provisions of this Part is by reason of special circumstances appropriate or adequate for the purpose, he may direct that the owner or occupier of that industrial establishment or an employer therein comply with those provisions or that the provisions shall apply as varied by his direction."
  (2) "Where part of premises is let as an industrial establishment, this Act shall apply to any other part of the premises used for the purposes of the industrial establishment though not itself a part of that industrial establishment."
  (3) "Subject to subsection (4), where part of premises is let as an industrial establishment, the owner of the premises shall be liable for any contravention of the provision of this Act as they apply under subsection (2), except that the owner shall not be liable for a contravention of those provisions in so far as they relate to matters outside his control, in which case the occupier of an industrial establishment in respect of which that contravention is made, shall be liable."
  (4) "Except where otherwise provided by the terms of the agreement between the owner and the occupier of premises referred to in this section, the owner shall be responsible for complying with the provisions of this Act relating to any sanitary conveniences, lifts, lifting machines, floors, passages, stairs, walls, means of escape and any other machinery, thing or part of premises used in common by more than one tenant."
  (Art. 57)

  Application of institutions
  (1) "Where in premises, not being an industrial establishment but forming part of an institution carried on for charitable, educational, reformatory or penal purposes, work is performed in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, breaking or adapting for sale, of articles, this Act shall, subject to subsection (2) apply to those premises."
  (2) "Where in a charitable, educational, reformatory or penal institution to which this Act applies, the persons having the control of the institution (hereinafter referred to as “the managers”) satisfy the Minister that the only persons working therein are persons who are residents of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work is carried on in good faith for the purposes of the support, education or training of persons engaged in it, and that any posting required by section 61 is not necessary, the Minister may, by Order, direct that such provisions of Part XI as to the posting of abstracts and notices as the Minister thinks fit shall not apply."
  (Art. 58)
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 3 and 5)

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: LIST OF OCCUPATIONAL DISEASES

  1. DISEASES CAUSED BY AGENTS

  1.1. Diseases caused by chemical agents

  1.1.1 Diseases caused by beryllium or its toxic compounds
  1.1.2 Diseases caused by cadmium or its toxic compounds
  1.1.3 Diseases caused by phosphorus or its toxic compounds
  1.1.4 Diseases caused by chromium or its toxic compounds
  1.1.5 Diseases caused by manganese or its toxic compounds
  1.1.6 Diseases caused by arsenic or its toxic compounds
  1.1.7 Diseases caused by mercury or its toxic compounds
  1.1.8 Diseases caused by lead or its toxic compounds
  1.1.9 Diseases caused by fluorine or its toxic compounds
  1.1.10 Diseases caused by carbon disulphide
  1.1.11 Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons
  1.1.12 Diseases caused by benzene or its toxic homologues
  1.1.13 Diseases caused by toxic nitro-and amino-derivatives of benzene or its homologues
  1.1.14 Diseases caused by nitroglycerin or other nitric acid esters
  1.1.15 Diseases caused by alcohols, glycols, ketones
  1.1.16 Diseases caused by asphyxiants; carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulphide
  1.1.17 Diseases caused by acrylonitrile
  1.1.18 Diseases caused by oxides of nitrogen
  1.1.19 Diseases caused by vanadium or its toxic compounds
  1.1.20 Diseases caused by antimony or its toxic compounds
  1.1.21 Diseases caused by hexane
  1.1.22 Diseases of teeth caused by mineral acids
  1.1.23 Diseases caused by pharmaceutical agents
  1.1.24 Diseases caused by thallium or its compounds
  1.1.25 Diseases caused by osmium or its compounds
  1.1.26 Diseases caused by selenium or its compounds
  1.1.27 Diseases caused by copper or its compounds
  1.1.28 Diseases caused by tin or its compounds
  1.1.29 Diseases caused by zinc or its compounds
  1.1.30 Diseases caused by ozone, phosogene
  1.1.31 Diseases caused by irritants: benzoquinone and other corneal irritants
  1.1.32 Diseases caused by any other chemical agents not mentioned in the preceding items 1.1.1 to 1.1.31, where a link between the exposure of a worker to these chemical agents and the diseases suffered is established

  1.2. Diseases caused by physical agents

  1.2.1 Hearing impairment caused by noise
  1.2.2 Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripherals blood vessels or peripherals nerves)
  1.2.3 Diseases caused by work in compressed air
  1.2.4 Diseases caused by ionizing radiations
  1.2.5 Diseases caused by heat radiation
  1.2.6 Diseases caused by ultraviolet radiation
  1.2.7 Diseases caused by extreme temperature (e.g., sunstroke, frostbite)
  1.2.8 Diseases caused by any other physical agents not mentioned in the preceding items 1.2.1 to 1.2.7, where a direct link between the exposure of a worker to these physical agents and the diseases suffered is established

  1.3 Diseases caused by biological agents

  1.3.1 Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination

  2. DISEASES BY TARGET ORGAN SYSTEMS

  2.1 Occupational respiratory diseases

  2.1.1 Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthracosilicosis, asbestosis) and silicotuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death
  2.1.2 Bronchopulmonary diseases caused by hard-metal dust
  2.1.3 Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dist (byssinosis)
  2.1.4 Occupational asthma caused by recognized sensitizing agents or irritants inherent to the work process
  2.1.5 Extrinsic allergic alveolitis caused by the inhalation of organic dusts, as prescribed by national legislation
  2.1.6 Siderosis
  2.1.7 Chronic obstructive pulmonary diseases
  2.1.8 Diseases of the lung caused by aluminium
  2.1.9 Upper airways disorders caused by recognized sensitizing agents or irritants inherent to the work process
  2.1.10 Any other respiratory disease not mentioned in the preceding items 2.1 to 2.1.9, caused by an agent where a direct link between the exposure of a worker to this agent and the disease suffered is established

  2.2 Occupational skin diseases

  2.2.1 Skin diseases caused by physical, chemical or biological agents not included under other items
  2.2.2 Occupational vitiligo

  2.3 Occupational musculo-skeletal disorders
  2.3.1 Musculo-skeletal diseases caused by specific work activities or work environment where particular risk factors are present

  Examples of such activities or environment include:
  (a) rapid or repetitive motion
  (b) forceful exertion
  (c) excessive mechanical force concentration
  (d) awkward or non-neutral postures
  (e) vibration
  Local or environmental cold may increase risk

  3. OCCUPATIONAL CANCER

  3.1 Cancer caused by the following agents

  3.1.1 Asbestos
  3.1.2 Benzidine and its salts
  3.1.3 Bis chloromethyl ether (BCME)
  3.1.4 Chromium and chromium compounds
  3.1.5 Coal tars, coal tar pitches or soots
  3.1.6 Beta-napthylamine
  3.1.7 Vinyl chloride
  3.1.8 Benzene or its toxic homologues
  3.1.9 Toxic nitro and amino-derivatives of benzene or its homologues
  3.1.10 Ionizing radiations
  3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
  3.1.12 Coke oven emissions
  3.1.13 Compounds of nickel
  3.1.14 Wood dust
  3.1.15 Cancer caused by any other agents not mentioned in the preceding items 3.1.1 to 3.1.14, where a direct link between the exposure of a worker to this agent and the cancer suffered is established

  4. OTHER DISEASES

  4.1 Miners’ nystagmus

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Schedule 1)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  No data available.
  

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: "Core Functions of the Occupational Health Unit
  This Unit conducts surveys to assess occupational health and safety conditions in industrial establishments and advice is given where necessary. A register of these industries is compiled by the Unit. Assessments and investigations of occupational health and safety issues are free of charge and are conducted by the County Medical Officers of Health.
  Employers and employees can seek how to create a safe workplace or lodge complaints about unsafe working practices. You don't have to wait until there is an obvious hazard to lodge a complaint. Your CMOH (County Medical Officer of Health) can help you avoid potential hazards and prevent workplace accidents and illness."

  "Since 1948 the Factories Ordinance Chapter 30, No. 2, governed safety and health in Trinidad and Tobago. As of August 17, 2007, the Occupational Safety and Health Act No. 1 of 2004, as amended by the Occupational Safety and Health Act No. 3 of 2006, repealed and replaced the Factories Ordinance Chapter 30, No. 2. The Act provides for the establishment of two entities: the Occupational Safety and Health Authority (the Authority) and the Occupational Safety and Health Agency (the Agency) to be operationalised under the aegis of the Ministry of Labour and Small and Micro Enterprise Development.
  The Occupational Safety and Health Authority has the primary function of policy formulation, whereas the Occupational Safety and Health Agency is responsible for the implementation of these policies and compliance with the Occupational Safety and Health Act (2006)."

  Remarks / comments:
  More information are available on the Ministry of Health website:
  http://www.health.gov.tt/

  More information are available on the Ministry of Labour and Small and Micro Enterprise Development website:
  http://www.molsmed.gov.tt/Services/SafetyIssuesattheWorkplace/tabid/261/Default.aspx

• 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

  Summary/citation: Among its function, the "functions of the Authority shall be:
  b. to make such arrangements as it considers appropriate for the carrying out of research, the publication of the results of research and the provision of training and information in that connection with those purposes, and to encourage research and the provision of training and information in that connection by others. (...)"

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 66)

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: Composition of the Authority:

  (1) "The Authority shall consist of:
  a. a Chairman appointed by the Minister;
  b. a Deputy Chairman appointed by the Minister;
  c. the Executive Director of the Agency created under Part XIII of this Act;
  d. a representative of the Ministry responsible for occupational safety and health;
  e. a representative of the Ministry responsible for health;
  f. a representative of the Ministry responsible for energy industries;
  g. a representative of the body responsible for standards in Trinidad and Tobago; and
  h. nine other members appointed by the Minister in accordance with subsection (2).

  (2) "Before appointing the members of the Authority, other than the Chairman and the Deputy Chairman, the Minister shall:
  a. as to two of them, consult such organizations representing employers as he considers appropriate;
  b. as to two of them, consult such organizations representing employees as he considers appropriate; and
  c. as to five of them, consult such other organizations, the activities of which are concerned with matters relating to any of the general purposes of this Act, as he considers appropriate, including the Medical Board of Trinidad and Tobago, the Board of Engineering of Trinidad and Tobago and organizations representing women’s affairs."

  (3) "Subject to this Part, the Authority may:
  a. appoint such employees as it considers necessary for the performance of its functions;
  b. fix qualifications and terms and conditions of service for employees, save that salaries in excess of one hundred and fifty thousand dollars per annum shall be subject to the Minister’s approval;
  c. engage persons having suitable qualifications and experience as consultants on such terms and conditions as are approved by the Minister."
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 65)

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

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

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: Health surveillance
  (1) "Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their safety and health which are identified by the assessment."
  (2) "Every employer shall keep a record of the health surveillance referred to in subsection (1) in accordance with section 75."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 25K)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: First aid appliances
  (1) "In every factory, there shall be provided and maintained so as to be readily accessible during all working hours, such number of fully equipped first aid boxes or cupboards as may be prescribed."
  (2) "The Chief Inspector shall, where necessary, direct in writing the occupier of a factory to provide for deluge showers, eye baths and other similar first aid devices."
  (3) "Each first-aid box or cupboard shall be under the control of responsible persons who are trained in first-aid treatment and retested every three years and who shall always be readily available during the working hours of the factory."
  (4) "In every factory or industrial estate where more than two hundred and fifty persons are employed, there shall be provided and maintained an ambulance and a first-aid room of a prescribed size, containing the prescribed equipment and being in the charge of such medical and nursing staff as may be prescribed, unless the Chief Inspector, upon application, exempts an occupier from this section, in which case he shall issue a certificate to that effect to the occupier."
  (4A) "The Chief Inspector may direct the manager of an industrial estate to comply with subsection (4)."
  (5) "Where the factory provides a first-aid room and an ambulance, it may be exempt by the Chief Inspector from subsections (1) and (3)."
  (6) "In this section “industrial estate” means any land with suitable infrastructure such as roads, water or power, divided into plots for sale or rental or entrepreneurs to build factories or to occupy existing buildings thereon for the purpose of storage, processing or manufacture of products or repair of articles."

  Remarks / comments:
  Application of the Part
  (1) "This Part applies to factory in which is employed more than five people."
  (2) "An occupier of a factory in which is employed five persons or less shall ensure that the changing room or sanitary convenience can be locked from the inside."
  (Art. 45A)

  Compliance with provisions
  "Where it appears to the Chief Inspector that in an industrial establishment or a factory with five or less employees any provisions of this Part is by reason of special circumstances appropriate or adequate for the purpose, he may direct that the occupier of that industrial establishment or an employer therein comply with those provisions or that the provisions shall apply as varied by his direction."
  (Art. 45B)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 43)

• 4.8.2 Sanitary installations

  Summary / Citation: Sanitary conveniences
  "The occupier of every factory shall:
  (a) provide and maintain separately for men and women employed therein adequate, clean and easily accessible sanitary conveniences;
  (b) provide and maintain suitable receptacles or disposal units for use by women;
  (c) provide adequate lighting and ventilation in sanitary conveniences and an open or ventilated space separating workrooms from such conveniences; and
  (d) provide safe and covered access to sanitary conveniences."
  

  Remarks / comments:
  Application of the Part
  (1) "This Part applies to factory in which is employed more than five people."
  (2) "An occupier of a factory in which is employed five persons or less shall ensure that the changing room or sanitary convenience can be locked from the inside."
  (Art. 45A)

  Compliance with provisions
  "Where it appears to the Chief Inspector that in an industrial establishment or a factory with five or less employees any provisions of this Part is by reason of special circumstances appropriate or adequate for the purpose, he may direct that the occupier of that industrial establishment or an employer therein comply with those provisions or that the provisions shall apply as varied by his direction."
  (Art. 45B)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 41)

• 4.8.3 Drinking water

  Summary / Citation: Drinking water
  (1) "In every factory, effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of cool, wholesome, drinking water, except that no such point shall be situated within six metres (or twenty feet) of a washing place, water closet, urinal or other sources of contamination unless a shorter distance is approved in writing by the Chief Inspector."
  (2) "Except as otherwise permitted by the Chief Inspector, in every factory there shall be legibly and conspicuously displayed near any tank, pipe or other source of water or liquid unfit for human consumption, a notice to that effect."

  Remarks / comments:
  Application of the Part
  (1) "This Part applies to factory in which is employed more than five people."
  (2) "An occupier of a factory in which is employed five persons or less shall ensure that the changing room or sanitary convenience can be locked from the inside."
  (Art. 45A)

  Compliance with provisions
  "Where it appears to the Chief Inspector that in an industrial establishment or a factory with five or less employees any provisions of this Part is by reason of special circumstances appropriate or adequate for the purpose, he may direct that the occupier of that industrial establishment or an employer therein comply with those provisions or that the provisions shall apply as varied by his direction."
  (Art. 45B)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 39)

• 4.8.4 Rest and eating areas

  Summary / Citation: Washing facilities
  "The occupier of every factory shall provide and maintain separately for men and women employed therein, adequate, clean and easily accessible washing facilities which are provided with soap and suitable hand drying materials or devices and such other provisions as are prescribed."
  (Art. 40)

  Accommodation for clothing
  In every factory, there shall be provided and maintained, distinct and apart from any sanitary convenience or lunchroom and separately for the use of men and women, adequate and suitable changing rooms with locks on the inside and accommodation for their clothing not worn during working hours."
  (Art. 42)

  Canteens
  "Every occupier in whose factory there is ordinarily employed a total of more than two hundred and fifty persons, may provide and maintain for the use of those employees therein a canteen equipped and operated in the manner that may be prescribed by agreement between the employer, employee and union."
  (Art. 44)

  Restrooms and lunchrooms
  (1) "In every factory the occupier shall provide and maintain for the persons employed therein, adequate and suitable restrooms or lunchrooms and lunchrooms shall be convenient for the eating of meals and shall be provided with adequate lighting, ventilation and drinking water."
  (2) "An occupier who provides a canteen in accordance with section 44 shall be regarded as having satisfied the requirements of subsection (1)."
  (Art. 45)

  Remarks / comments:
  Application of the Part
  (1) "This Part applies to factory in which is employed more than five people."
  (2) "An occupier of a factory in which is employed five persons or less shall ensure that the changing room or sanitary convenience can be locked from the inside."
  (Art. 45A)

  Compliance with provisions
  "Where it appears to the Chief Inspector that in an industrial establishment or a factory with five or less employees any provisions of this Part is by reason of special circumstances appropriate or adequate for the purpose, he may direct that the occupier of that industrial establishment or an employer therein comply with those provisions or that the provisions shall apply as varied by his direction."
  (Art. 45B)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 40, 42, 44 and 45)

5.1 Elements of an OSH management system

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

  Summary/citation: "“Occupier” means the person who has the ultimate control over the affairs of an industrial establishment.
  (Art. 3)

  (2) "An occupier of an industrial establishment employing twenty-five or more persons shall prepare or revise, in consultation with worker representatives in the industrial establishment:
  a. a written statement of his general policy with respect to the safety and health of persons employed in the industrial establishment, specifying the organization and arrangements for the time being in force for carrying out that policy and the provisions specified in subsection (1); and
  b. an emergency plan in writing based on a risk assessment made in accordance with section 25H which shall include:
  - suitable and rapid means of obtaining first aid help and transportation from the industrial establishment to a hospital for injured workers; and
  - measures and procedures to be used to control a major fire, to react to serious damage to the industrial establishment, to evacuate the industrial establishment and to notify rescue personnel,
  and the occupier shall submit the statement or the emergency plan, as the case may be, and any revision thereof to the Chief Inspector and bring them to the notice of all persons employed in the industrial establishment."
  (3) "The Chief Inspector may, having regard to the statement or the emergency plan submitted under subsection (2), direct the occupier to appoint at his own expense, a Safety Practitioner who shall assist in ensuring that the policy and the provisions specified in subsection (1) or the requirements of the emergency plan, as the case may be, are complied with."
  (4) "An occupier shall ensure, as far as is reasonably practicable, that no unsafe structure exists in the industrial establishment that is likely to expose persons to risks to bodily injury."
  (Art. 8.2)

  • Guidance in Preparing a Safety and Health Policy - OSHA Publications

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 3 and 8)

• 5.1.2 Appointment of a person for health and safety

  No data available.
  

• 5.1.3 Written risk assessment

  Summary/citation: Risk assessment
  (1) "Every employer shall make a suitable and sufficient assessment of—
  a. the risks to the safety and health of his employees to which they are exposed whilst they are at work; and
  b. the risks to the safety and health of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
  for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions."
  (2) "Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer who made it if:
  a. there is reason to suspect that it is no longer valid; or
  b. there has been a significant change in the matters to which it relates,
  and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them."
  (3) "Where the employer employs twenty-five or more employees, he shall record:
  a. the significant findings of the assessment; and
  b. any group of his employees identified by it as being especially at risk."

  • The Occupational Safety and Health Authority and Agency

  • A Guide to Risk Assessment - OSHA Publications

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 25.G)

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

• 5.1.5 Training and information on risks

  Summary/citation: "Without prejudice to the generality of an employer’s duty under subsection (1), the matters to which that duty extends include in particular:
  (d) the provisions of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees. (...)"

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 6.2)

• 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

  Remarks / comments: Consultation with workers seems to happen through their safety and health representatives.

  • The Occupational Safety and Health Authority and Agency (Art. 6)

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

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

  No data available.
  

  • 6.1.1.1 Qualifications of experts or professional services

    No data available.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

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

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

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

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

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

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

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  No data available.
  

• 8.1.2 Constitution and chairmanship modalities

  No data available.
  

8.2 Employers’ duty to consult workers on risks

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

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

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

  Summary / Citation: "The employer shall cause the safety and health committee to forthwith investigate the report in the presence of the employee and in the presence of:
  - a person who because of knowledge, experience and training is selected by the trade union that represents the employee;
  - an employee selected by the employees to represent them, where there is no trade union; or
  - the employer or his representative, who shall be made available by his employer and shall attend without delay."
  (Art. 16.2)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 16.2)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  No data available.
  

• 8.4.2 Right to access OSH information

  Summary / Citation: "A copy of the most recent version of the inventory and of every unexpired chemical safety data sheet required by this Part in respect of hazardous chemicals in a workplace shall be:
  (a) made available by the employer in such a manner as to allow examination by the employees;
  (b) furnished by the employer to a representative of health and safety committee, if any, or to an employee selected by the employees to represent them, if there is no such committee or if there is no trade union, an employee selected by the employees to represent them;
  (c) filed by the employer with the Chief Inspector on request or if so prescribed."
  (Art. 6)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 6)

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  No data available.
  

• 8.4.6 Right to use facilities

  No data available.
  

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

  No data available.
  

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  No data available.
  

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

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

• 8.5.1 Right to enter the workplace

  No data available.
  

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

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  No data available.
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Establishment of safety and health committees
  "Every employer in consultation with the representatives of his employees shall establish a safety and health committee at an industrial establishment in accordance with this section where:
  a. there are twenty-five or more persons employed at that establishment; or
  b. the Chief Inspector on the basis of prescribed criteria, directs the establishment of such a committee at the industrial establishment where fewer than twenty-five persons are employed."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 25E)

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

  Summary / Citation: Functions of safety and health committee
  "Every safety and health committee established at a place of work in accordance with this Act shall:
  (a) keep under review the measures taken to ensure the safety and health of persons at the place of work;
  (b) investigate any matter at an industrial establishment:
  - which a member of the committee or a person employed thereat considers is not safe or is a risk to health; and
  - which has been brought to the attention of the employer;
  (c) attempt to resolve any matter referred to in paragraph (b) and, if it is unable to do so, shall request the Chief Inspector to undertake an inspection of the place of work for that purpose;
  (d) have such other functions as may be prescribed."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 25F)

• 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: (3) "An employer shall:
  - ensure that all hazardous chemicals present in the industrial establishment are labelled in a way easily understandable to the employees, or are identified in the prescribed manner;
  - obtain or prepare, as may be prescribed, an unexpired chemical safety data sheet for all hazardous chemicals present in the workplace;
  - ensure that the identification required by paragraph (a) and chemical safety data sheets required by paragraph (b) are available in English and such other languages as may be prescribed;
  - 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
  - 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."

  (4) "An employer shall ensure that a hazardous chemical is not used, handled or stored in the industrial establishment unless the prescribed requirements concerning identification, chemical safety data sheets and worker instruction and training are met."

  (5) "An employer shall advise the Chief Inspector in writing if the employer, after making reasonable efforts, is unable to obtain a label or chemical safety data sheet required by subsection (3)."

  (6) "A copy of the most recent version of the inventory and of every unexpired chemical safety data sheet required by this Part in respect of hazardous chemicals in a workplace shall be:
  - made available by the employer in such a manner as to allow examination by the employees;
  - furnished by the employer to a representative of health and safety committee, if any, or to an employee selected by the employees to represent them, if there is no such committee or if there is no trade union, an employee selected by the employees to represent them;
  - filed by the employer with the Chief Inspector on request or if so prescribed."

  (6A) "No person shall remove or deface the identification referred to in subsection (3)(a), for a hazardous chemical."
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 6)

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

  No data available.
  

• 9.2.3 Pesticides

  No data available.
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  No data available.
  

• 9.4.2 Vibration and noise

  Summary / Citation: Noise and vibration
  (1) "Every owner, occupier or 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, his industrial establishment and shall comply with such directives as:
  a. the Chief Inspector 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 may issue, in order to protect persons employed from hearing impairment caused by noise or from diseases caused by vibration."
  (2) "It shall be the duty of the owner, occupier or employer:
  a. to ensure that all protective equipment necessary for compliance with subsection (1) is worn or used by employees at all appropriate times;
  b. to arrange for the initial and periodic medical examination and assessment of those employees who are exposed to the risk of injury to their hearing or of contracting a disease caused by vibration;
  c. to keep a record of the results of examinations and assessments under paragraph (b) which shall include audiometric tests and the monitoring of the work environment; and
  d. to arrange programmes for hearing conservation."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 34)

• 9.4.3 Working at height

  No data available.
  

• 9.4.4 Working in confined spaces

  Summary / Citation: Dangerous fumes and lack of oxygen in confined spaces
  (1) "The requirements of sections 25(2) to 25(8) apply, with all necessary modifications, to any confined space while an employee is in that space."
  (2) "Subject to section 25(4), a confined space shall be entered only where:
  a. there is an easy egress from all accessible parts of the confined space;
  b. mechanical equipment in the confined space is:
  - disconnected from its power source; and
  - locked out;
  c. all pipes and other supply lines whose contents are likely to create a hazard are blanked off; and
  d. the confined space is tested and evaluated by a competent person who:
  - records the results of each test in a permanent record; and
  - certifies in writing in the permanent record that the confined space is free from hazard and will remain free from hazard while any worker is in the confined space having regard to the nature and duration of the work to be performed."
  (3) "Subject to section 25(4) a confined space in which there exists or is likely to exist a hazardous gas, vapour, dust or fume or an oxygen content of less than eighteen per cent or more than twenty-three per cent at atmospheric pressure, shall be entered only when:
  a. the requirements of section 25(2) are complied with;
  b. the space is purged and ventilated to provide a safe atmosphere;
  c. the measures necessary to maintain a safe atmosphere have been taken;
  d. another worker with appropriate rescue equipment is stationed outside the confined space;
  e. suitable arrangements have been made to remove the worker from the confined space should the worker require assistance; and
  f. a person adequately trained in artificial respiration is conveniently available."
  (4) "A confined space in which there exists or is likely to exist, a hazardous gas, vapour, dust or fume or an oxygen content of less than eighteen per cent or more than twenty-three per cent at atmospheric pressure, and cannot be purged and ventilated to provide and maintain a safe atmosphere shall be entered only when:
  a. all the requirements of section 25(2) except subparagraph (d)(ii) are complied with;
  b. the employee entering is using a suitable breathing apparatus and a safety harness or other similar equipment to which is securely attached a rope, the free end of which is attached to rescue equipment operated by an employee equipped with an alarm, who is keeping watch outside the confined space;
  c. the employee entering is using such other equipment as is necessary to ensure the employee’s safety;
  d. the safety harness, rope and other equipment referred to in paragraph (b) have been inspected by a competent person and are in good working order; and
  e. a person adequately trained in artificial respiration is conveniently available."
  (5) "Subject to paragraph (b) where the gas or vapour in a confined space is or is likely to be explosive or flammable, the confined space shall be entered only where:
  a. the concentration of the gas or vapour does not or is not likely to exceed fifty per cent of the lower explosive limit of the gas or vapour; and
  b. the only work to be performed is that of cleaning or inspecting and of such a nature that it does not create any source of ignition."
  (6) "Cold work may be performed in a confined space that contains or is likely to contain an explosive or flammable gas or vapour where the concentration does not, and is not likely to exceed ten per cent of the lower explosive limit of the gas or vapour."
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 25)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: " 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 foregoing 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 kept clean and properly maintained;
  (c) effective means shall be provided, maintained and used to prevent the breeding of insects, rats, mice or other vermin; and
  (d) effective means shall be provided and maintained for the draining of wet floors and yards, where necessary."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 31)

• 9.4.6 Exposure to extreme temperatures

  No data available.
  

• 9.4.7 Fire risks

  Summary / Citation: PART V: FIRE

  Means of escape in case of fire
  (1) "This section applies only to industrial establishments:
  a. in which the aggregate number of persons employed in a building exceeds twenty;
  b. in which more than ten persons are employed in the same building, above the ground floor of the building; or
  c. in which explosive or highly flammable substances are stored or used."
  (2) "Every occupier shall ensure that his industrial establishment is certified every twenty-four months by the fire authority as being provided with such means of escape in the case of fire for the persons employed therein as may reasonably be required in the circumstances of each case and, if premises with respect to which no such certificate is in force are used as an industrial establishment, the occupier commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to imprisonment for six months and to a further fine of one thousand dollars for each day on which the offence continues."
  (3) "It shall be the duty of the fire authority to examine the industrial establishment and on being satisfied that subsection (2) is complied with, give a certificate to that effect, and where that subsection is not complied with, the fire authority may by notice in writing require the occupier to make such alterations, within such period as may be specified in the notice."
  (4) "The certificate, which shall be kept on the premises by the occupier and made available for inspection by the fire authority or an inspector, shall specify precisely and in detail the means of escape provided and shall contain particulars as to:
  a. the maximum number of persons employed or proposed to be employed in the industrial establishment as a whole and, if the fire authority thinks fit, the maximum number in any specified part thereof;
  b. explosive or highly flammable material stored or used;
  c. the nature and frequency of the periodic fire fighting drills;
  d. the purposes for which the premises are used;
  e. the means for giving warning in the event of a fire;
  f. the means available to persons on the premises in fighting fire;
  g. the measures for securing the means of escape; and
  h. any other matters taken into account in granting the certificate, and the fire authority shall send a copy of the certificate to both the Chief Inspector and the appropriate municipal corporation."
  (5) "The means of escape specified in the certificate shall be properly maintained and kept free from obstruction at all times."
  (6) "Where, after the grant of a certificate, it is proposed to make any extension or structural alteration of the premises or to increase the number of persons employed in the industrial establishment, or to store or use explosive or highly flammable material in the industrial establishment or to increase the extent of such storage or use, the occupier shall give notice in writing of the proposal to the fire authority and also to the appropriate municipal corporation."
  (7) "Where the fire authority on receipt of the notice referred to in subsection (6) is of the opinion that the means of escape will be adversely affected by the proposed changes, or that such means have by reason of changed conditions become insufficient, it may by notice in writing require the occupier to comply with such directives, within such period of time, as it may specify."
  (8) "The fire authority may, by notice in writing, prohibit or restrict the use of an industrial establishment or require the occupier to make, within the period specified in the notice, alterations for the purposes of providing a safe means of escape in case of fire if:
  a. it appears to the fire authority that dangerous conditions with regard to escape in case of fire exist in the industrial establishment; or
  b. it appears to an inspector that conditions referred to in paragraph (a) exist and the inspector requests the fire authority in writing to examine the industrial establishment for the purposes of exercising his powers under this section.
  (9) "The occupier shall, within the period specified in the notice issued by the fire authority under this section, carry out, the alterations required by the notice, and upon their being carried out, the occupier shall notify the fire authority in writing and the fire authority shall amend the certificate or issue a new certificate, and shall send a copy of the amended or new certificate to the Chief Inspector, and if the alterations are not so carried out, the fire authority shall, without prejudice to the taking of other proceedings, cancel the certificate."
  (10) "Where the occupier fails to notify the fire authority in respect of the matters referred to in subsection (6), or where he fails to comply with such directives as the fire authority may give under subsection (7) or (8), he commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars and to a further fine of one thousand dollars for each day on which the offence continues."
  (11) "Where a request is made by an inspector under subsection (8), the fire authority shall inform the Chief Inspector and the appropriate municipal corporation of his findings and of any action taken for remedying the dangerous conditions, if any."
  (12) "Where the occupier is aggrieved by a decision of the fire authority under this section, he may object by way of complaint within seven days of the decision to the Court and, pending the final determination of the complaint, the Court may, on ex parte application by the occupier, make such interim orders as it thinks fit."
  (13) "An examination by the fire authority under this section shall be carried out only by officers authorized in writing by that authority (hereinafter referred to as “authorized officers”) to carry out that examination or generally to carry out examinations under this section."
  (14) "An authorized officer may, in the exercise of his powers under subsection (13), be accompanied by any person approved by the fire authority."
  (15) "An authorized officer may, for the purposes of exercising his powers under subsection (13), enter an industrial establishment at any time, on the condition that he produces documentary evidence of his authority if required to do so."
  (16) "A person who wilfully obstructs an authorized officer in the exercise of his duty under this Act is liable, on summary conviction, to a fine of two thousand dollars and to imprisonment for six months."
  (Art. 26)

  Safety provisions in case of fire
  (1) "In every industrial establishment, the doors that are provided for use as fire exits shall, while work is in progress at that industrial establishment, be either left unlocked, or secured in such a way as to be capable of being readily and quickly opened from the inside."
  (2) "Every door opening onto a staircase or corridor from a room in which more than ten persons are employed, and all other doors affording a means of exit from the industrial establishment for persons employed therein, shall be constructed to open outwards and a sliding door shall not be the final exit of an industrial establishment unless the occupier obtains the written permission of the fire authority to use such a door."
  (3) "Every lift-way inside a building shall be completely enclosed with fire resisting material, and all means of access to the lift shall be fitted with doors of fire resisting materials, except that the top of such lift-way shall be enclosed by some material easily broken in case of fire, or shall be provided with a vent."
  (4) "Every door or other exit or exit route affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctly and conspicuously marked by a notice printed in green letters on a white background and the letters shall be of such size as the fire authority may specify."
  (5) "The doors, exit or exit routes mentioned in subsection (4) shall be fitted with emergency lighting and well maintained luminous or illuminated exit signs if the industrial establishment is used at night or where insufficient lighting is likely to occur during an electrical power failure."
  (6) "Subject to subsection (7), where in an industrial establishment more than twenty persons are employed in the same building, or where explosives or highly flammable materials are stored or used in a building in which persons are employed, the fire authority shall direct the occupier to make effective provisions for giving warning in case of fire, and such warning shall be clearly audible throughout the building and distinct from any other signal in use on the premises."
  (7) "Where part of a building is let as an industrial establishment and the aggregate number of persons employed in the building at any one time exceeds twenty, the fire authority shall direct the owner of the building to make effective provisions for giving warning in case of fire, and such warning shall be clearly audible throughout the building and distinct from any other signal in use on the premises."
  (8) "Such warning signs as the fire authority may specify shall be prominently displayed in an industrial establishment in which explosives or highly flammable materials are stored or used."
  (9) "The contents of every room in which employees work shall be so arranged that there is for all employees in the room a free passageway leading to a means of escape in case of fire."
  (Art. 27)

  Instructions as to use of means of escape in case of fire
  "Where in an industrial establishment more than twenty persons are employed in the same building above the ground floor, or where explosive or highly flammable materials are stocked or used in a building where persons are employed, effective steps shall be taken to ensure that all employed persons are familiar with the means of escape, their use and the routine to be followed in case of fire and a record of the number and frequency of evacuation drills shall be kept and presented, on demand, for inspection by the fire authority."
  (Art. 28)

  Provision for adequate fire-fighting equipment
  "In every industrial establishment there shall be provided, maintained and kept readily available for use appropriate fire equipment approved by the fire authority for fighting fire and the occupier shall ensure that a sufficient number of persons trained in using such equipment are available during the working hours and a record of the number of persons trained and the frequency of lectures and fire drills shall be kept and presented on demand, for inspection by the fire authority."
  (Art. 29)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 26 - 30)

• 9.4.8 Tobacco

  Summary / Citation: "No person shall smoke or hold a lighted tobacco product in any enclosed public place, enclosed workplace, or public conveyance including but not limited to any place listed in the Second Schedule."
  (Art. 12.1)

  PART I: PRELIMINARY
  1. Short title
  2. Commencement
  3. Act inconsistent with Constitution
  4. Interpretation
  5. Unit established in Ministry

  PART II: ADMINISTRATIVE
  6. Function of Unit
  7. Function of authorized officers
  8. Power of authorized officers
  9. Identification of authorized officers
  10. Licensing procedure and transitional period
  11. Information required in reports

  PART III: PROHIBITIONS
  12. No smoking areas
  13. Prohibition on sales by minors
  14. Prohibition on self-service displays
  15. Prohibition on public displays
  16. Prohibition on self-service sales of tobacco products
  17. Prohibition on sales of tobacco products in certain places
  18. Prohibition on toy or candy cigarettes
  19. Prohibition against tobacco advertising
  20. Prohibition against incentive promotions and the free supply of tobacco products
  21. Sponsorship
  22. Other forms of promotion

  PART IV: PACKAGING AND LABELLING
  23. Conformity with packaging and labelling requirements
  24. Labelling
  25. Constituents and additives disclosure on tobacco product
  packages
  26. Deceptive or misleading information
  27. Multiple packaging
  28. Requirements for name, licence number, etc., on package
  29. Requirements for tamper-proof packaging and labelling
  30. Language of labelling information
  31. Minimum package size for smoked tobacco products
  32. Minimum package size for smokeless tobacco products

  PART V: MISCELLANEOUS
  33. Compliance with Act
  34. Evidence
  35. Protection for employees
  36. Penalties and liabilities
  37. Penalties where non-prescribed
  38. Regulations and orders

  • The Tobacco Control Act 2009 (Act No. 15 of 2009).

• 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: However, a Guidelines on Managing HIV and AIDS in the Public Sector, Personnel Office, Government of the Republic of Trinidad and Tobago, 2009, has been released.
  "HIV Testing: HIV screening cannot be required of job applicants or persons in employment. Further, HIV testing must not be used as a prerequisite for
  recruitment, promotion or access to training sponsored by GORTT. However, employees should be encouraged to undergo voluntary and confidential HIV Testing."
  (Art. 5.4)
  "The Chief Personnel Officer (CPO) in the role as Employer supports national efforts to reduce the spread of HIV infection and minimize the impact of the disease and is committed to:
  - providing and maintaining a safe and healthy work environment for all government employees;
  - eliminating stigma and discrimination on the basis of real or perceived HIV status;
  - providing equal opportunity to all employees including employees who are living with HIV;
  - ensuring that the impact of HIV and AIDS in the Public Service is managed in a manner that is consistent with existing relevant legislation;
  - treating employees who are HIV-positive with empathy and care; and
  - fostering an awareness that HIV prevention is the responsibility of all employees including senior management and supervisors.
  Consequently, employees who are living with HIV will be treated like all other employees as long as they are medically fit to function in an available, appropriate position.
  These Guidelines have been developed in accordance with the ILO Code of Practice on HIV/AIDS and the World of Work and the National Workplace Policy
  on HIV and AIDS."
  (Policy Statment)
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  No data available.
  

• 9.5.2 Occupational violence

  No data available.
  

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Effective safeguarding of machinery
  "In an Industrial establishment every:
  (a) prime mover;
  (b) part of the transmission machinery;
  (c) dangerous part of a machine,
  shall be effectively safeguarded in accordance with sections 25B, 25C and 25D."
  (Art. 25A)

  Prime movers
  (1) "Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3) of this section, shall be securely fenced, whether the flywheel or prime mover is situated in an engine house or other enclosure or not."
  (2) "The head and tail race of every water wheel and of every water turbine shall be securely fenced."
  (3) "Every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced."
  (Art. 25B)

  Transmission machinery
  (1) "Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced."
  (2) "Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place."
  (3) "No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery."
  (4) "Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley."
  (Art. 25C)

  Other machinery
  (1) "Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be safe to every person employed or working on the premises as it would be if securely fenced, save that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this section shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part."
  (2) "Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be safe to every person employed or working on the premises as it would be if securely fenced."
  (Art. 25D)

  Construction and sale of new machinery
  "In the case of any machine in a factory being machine intended to be driven by mechanical power:
  (a) every set-screw, bolt, nut, key or keyway, on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and
  (b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased."
  (Art. 25I.1)
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 25A, 25B, 25C and 25D)

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

  No data available.
  

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

  No data available.
  

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

  No data available.
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Construction and maintenance of fencing
  "All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part of this Act of any Regulations or Orders made in pursuance thereof shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are exposed for examination, lubrication or adjustment which it is necessary to carry out while they are in motion."
  (Art. 25H)

  Cleaning of machinery in motion
  "No person shall clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion by mechanical power, and no person shall clean any part of any machine if the cleaning thereof would expose him to risk of injury from any moving part either of that machine or of any adjacent machinery."
  (Art. 25J)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 25H and 25J)

  • 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: (9) "An employer shall, after being notified by a female employee that she is pregnant and upon production of a medical certificate to that effect, adapt the working conditions of the female employee to ensure that she is not:
  - involved in the use of, or exposed to, chemicals, substances or anything dangerous to the health of the unborn child; or
  - subjected to working conditions dangerous to the health of the unborn child, and where appropriate, the employer may assign alternative work, where available, to her without prejudice to her right to return to her previous job."

  (10) "Where a female employee who has notified her employer of her pregnancy under section 6(6) is no longer pregnant she shall immediately upon discovery of this fact notify her employer and shall produce a medical certificate to that effect."

  (11) "No employer shall require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of the child."

  (12) "Notwithstanding any other law, during an employee’s pregnancy, and for a period of six months after birth of her child, her employer shall offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of work, where the employee is required to perform work that poses a danger to her safety or health or that of her child, unless there is no other available suitable alternative employment or that in doing so the employer will incur costs greater than ordinary administrative costs."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 6)

• 9.8.2 Protection of lactating women at work

  No data available.
  

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

  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 on dangerous machines
  (1) "In every industrial establishment, no young person shall work at a machine to which this section applies, unless he 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 a person who has special knowledge and experience in the operation of the machine."
  (2) "This section applies to such machines as may be prescribed, being machines which are of such a dangerous character that a young person ought not to work at them unless the requirements of subsection (1) are complied with."
  (Art. 22 Occupational Safety and Health Act 2004 (No. 1 of 2004))

  PART IX: EMPLOYMENT OF YOUNG PERSONS

  Young persons to have certificate
  (1) "No young person shall be employed to work in an industrial establishment for a period of three months or more unless:
  a. a medical practitioner, on the application of the young person or his parent, has examined the young person and ascertained his fitness for work in that industrial establishment; and
  b. a document signed by the employer to the effect that such young person will be employed in the industrial establishment is submitted to the medical practitioner no later than at the commencement of the medical examination."
  (2) "The Minister may, by Order, exempt such industrial establishment as he thinks fit from subsection (1)."
  (3) "After an examination under subsection (1), the medical practitioner may grant to such young person, in the prescribed form, or may renew:
  a. a certificate of fitness to work in an industrial establishment if he is satisfied that the young person has attained the prescribed physical standard and that he is fit for such work; or
  b. a certificate of fitness to work in an industrial establishment as an adult, if he is satisfied that the young person has attained the age of sixteen years and that he is fit for a full day’s work in an industrial establishment."
  (4) "Unless the examining physician has personal knowledge of the place where the young person proposes to work and of the process in which he will be employed, he shall not grant or renew a certificate under subsection (3)."
  (5) "A certificate of fitness granted under subsection (3):
  a. shall be valid for a period of twelve months from the date thereof; and
  b. may be issued subject to conditions regarding the nature of work in which
  the young person may be employed, or conditions requiring a medical re-examination of the young person before the expiry of the period of twelve months."
  (6) "Where a certificate under this section is granted or renewed subject to such conditions as are referred to in subsection (5)(b), the young person shall not be required to work in any industrial establishment except in accordance with those conditions."
  (Art. 53 Occupational Safety and Health Act 2004 (No. 1 of 2004))

  Hours of employment for young persons [Chap. 46:01]
  (1) "Except as provided for by section 90(2) of the Children Act, no young person shall be employed:
  a. between the hours of 10.00 p.m. and 7.00 a.m.;
  b. during the period of twelve consecutive hours immediately following the end of the period during which he last worked; or
  c. for more than eight hours a day."
  (2) "The hours of employment under subsection (1) shall include a rest period of at least one hour."
  (3) "No young person shall be required to work more than forty-eight hours in any week."
  (4) "The Minister may, in relation to such industrial establishment as he thinks fit, by Order, vary or waive the provisions of subsection (1) or (3)."
  (Art. 54 Occupational Safety and Health Act 2004 (No. 1 of 2004))

  Duty to maintain register
  (1) "An employer shall maintain a register recording therein the names of young persons, the date of their employment, particulars of the certificate of fitness, the nature of their work and such other particulars in such form as the Minister may prescribe."
  (2) "An employer who contravenes subsection (1) commits an offence."
  (Art. 55 Occupational Safety and Health Act 2004 (No. 1 of 2004))

  Power to require medical examination
  "Where an inspector is of the opinion:
  a. that any person working in an industrial establishment without a certificate of fitness is a young person; or
  b. that a young person working in an industrial establishment with a certificate of fitness is no longer fit to work in the capacity stated therein,
  he may serve on the employer a notice requiring that such young person shall be examined by a medical practitioner and such young person shall not, if the inspector so directs, be employed in an industrial establishment until he has been so examined and has been granted a certificate of fitness or a renewed certificate of fitness, as the case may be, under section 53.
  (Art. 56 Occupational Safety and Health Act 2004 (No. 1 of 2004))

  "“Young person” means a child of the age of sixteen years and under the age of eighteen years."
  (Art. 4 Occupational Safety and Health Act 2004 (No. 1 of 2004))
  (Art. 3.d Occupational Safety and Health (Amendment) Act, 2006)

  • Occupational Safety and Health (Amendment) Act (Act No. 3 of 2006) (Art. 3.d)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 22 and 53-56)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2017
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2020
  

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: Notification of accidents
  (5) "Every occupier and every employer shall keep a register of each accident, incident or death reported to the Chief Inspector under subsections (1), (2) and (3) and each entry into the register shall be kept for not less than five years."
  (Art. 46.5)

  Preservation of registers and records
  (1) "Every register or record kept in pursuance of this Act shall be preserved and kept available for inspection by an inspector for at least five years after the date of the last entry in the register or record, or for such other period as may be prescribed for any class or description of register or record, except in the case of a health record, the record shall be kept for at least twenty-five years."
  (2) "Where an employer who holds health records in accordance with subsection (1) ceases to trade, he shall forthwith notify the Agency thereof in writing and offer these records to the Agency."
  (Art. 75)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 46.5 and 75)

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  No data available.
  

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: "Every inspector shall, for the purposes of the enforcement of this Act, have power to do all or any of the following:
  a. to enter, inspect, take photographs of and examine, at all reasonable times, either alone or together with such other person possessing technical or special knowledge as the Chief Inspector may authorize in writing, any premises which he has reasonable cause to believe are premises to which this Act applies. (...)"
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 72.1.a)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

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

  Summary / Citation: Powers of inspectors
  (1) "Every inspector shall, for the purposes of the enforcement of this Act, have power to do all or any of the following:
  a. to enter, inspect, take photographs of and examine, at all reasonable times, either alone or together with such other person possessing technical or special knowledge as the Chief Inspector may authorize in writing, any premises which he has reasonable cause to believe are premises to which this Act applies;
  b. to request the presence and assistance of a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
  c. to be accompanied by:
  - a representative of the management of the industrial establishment; or
  - a person, whether employed in the industrial establishment or not, nominated by the collective bargaining unit for persons employed in the industrial establishment;
  d. to request the production of any licence, drawing, specifications, permit, register, certificate, notice, report or other relevant document and to inspect, examine and copy them;
  e. to make such examination and inquiry as may be necessary to ascertain whether this Act is being complied with;
  f. to require any person whom he finds in an industrial establishment to give information as to the identity of the owner, occupier or employer;
  g. to require a person:
  - in an industrial establishment; or
  - whom he has reasonable cause to believe to be, or to have been within the preceding two months, employed in premises to which this Act applies,
  to answer questions with respect to matters under this Act and to sign a declaration of the truth of such answers, except that no one shall be required under this paragraph to give any answers which may tend to incriminate himself;
  h. to investigate accidents occurring in industrial establishments;
  i. in the case of a medical inspector, to conduct such medical examinations as may be necessary for the purposes of this Act;
  j. to take photographs for the purpose of any investigation; and
  k. to exercise such other powers as may be necessary for the purposes of this Act."
  (2) "Every inspector, in the discharge of his duties under this Act, is empowered to require of an occupier the means necessary for entry, inspection, examination, inquiry and, subject to section 73, the taking of samples in respect of premises to which this Act applies."
  (Art. 72)

  Power to take samples
  (1) "Where an inspector suspects that an occupier may be in contravention of a provision of this Act relating to the use of dangerous materials or relating to air contaminants, which materials or contaminants are likely to cause bodily injury to persons employed in an industrial establishment, he may, after giving notice to the occupier, or if the occupier is not readily available, to his agent, take for analysis samples of any materials or air contaminants in the industrial establishments."
  (2) "The occupier or his agent shall be present when the samples are being taken, and, where practicable, the inspector shall divide each sample into three parts, mark and seal or fasten each part in such manner as its nature permits, and:
  a. deliver one part to the occupier or his agent;
  b. retain one part for future comparison; and
  c. submit one part to the analyst."
  (3) "Every analysis made under this section shall be conducted by the Chief Chemist or such other suitably qualified analyst as the Chief Chemist may authorize in writing."
  (4) "The Chief Chemist or the qualified analyst shall in writing, inform the inspector who submitted the sample for analysis and the occupier or his agent of the results of the analysis."
  (5) "Subject to subsection (4), no persons shall, except in so far as it is necessary for the purposes of the prosecution of an offence under this Act, publish or disclose the results of an analysis made under this section and if any person acts in contravention of this subsection, he commits an offence and is liable on summary conviction, to a fine of five thousand dollars."
  (Art. 73)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 72 and 73)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.2.3 Power to investigate

  Summary / Citation: Powers of inspectors
  "Every inspector shall, for the purposes of the enforcement of this Act, have power to do all or any of the following:
  h. to investigate accidents occurring in industrial establishments. (...)"
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 72.1.h)

• 11.2.4 Duty to provide advice on OSH

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: (1) "Where an inspector is of the opinion that:
  a. a part of the ways, works, machinery, plant and equipment used in an industrial establishment is in such a condition, or is so constructed or is so placed that it cannot be used without risk of bodily injury or damage to the environment;
  b. a process or work is carried on or anything is or has been done in an industrial establishment in such a manner as to cause risk of bodily injury or damage to the environment;
  c. an industrial establishment is in such a condition that a process or work carried on therein cannot be so carried on without risk of bodily injury or damage to the environment;
  d. there exist in an industrial establishment conditions which expose employees or other persons therein to risk of bodily injury; or
  e. a person is contravening this Act or has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated,
  he shall, without prejudice to his power to initiate legal proceedings, serve on the appropriate person a prohibition or improvement notice stating that he is of that opinion, giving particulars of the reasons why he is of that opinion and may, as the case may be.
  f. in the case of a prohibition notice, prohibit or restrict the use of any premises or part thereof or thing in the industrial establishment until the existing danger has been removed or this Act has been complied with; or
  g. in the case of an improvement notice, direct that alterations be carried out or that other steps be taken to remove the existing danger or to comply with this Act within such period as may be specified in the notice."
  (2) "Where an inspector prohibits or restricts the use of a place or thing under subsection (1)(f), he shall display in the place or affix to the thing, as the case may be, a notice to that effect, which notice shall not be removed without the authority of an inspector."
  (3) "Where an inspector is satisfied that a notice issued under subsection (1) has been complied with, he shall so certify in writing and shall remove any notice displayed or affixed under subsection (2)."
  (4) "A person on whom a notice is served under subsection (1) may, within seven days of the serving thereof, object by way of complaint to the Industrial Court and the Industrial Court may make such order as it thinks fit."
  (5) "Pending the final determination of a complaint, the Industrial Court may, on application ex parte by the complainant, make such interim orders as it thinks fit."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 74)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: (2) "Where an inspector prohibits or restricts the use of a place or thing under subsection (1)(f), he shall display in the place or affix to the thing, as the case may be, a notice to that effect, which notice shall not be removed without the authority of an inspector."
  (3) "Where an inspector is satisfied that a notice issued under subsection (1) has been complied with, he shall so certify in writing and shall remove any notice displayed or affixed under subsection (2)."
  (4) "A person on whom a notice is served under subsection (1) may, within seven days of the serving thereof, object by way of complaint to the Industrial Court and the Industrial Court may make such order as it thinks fit."
  (5) "Pending the final determination of a complaint, the Industrial Court may, on application ex parte by the complainant, make such interim orders as it thinks fit."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 74)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: Powers of inspector regarding dangerous conditions and practices
  (1) "Where an inspector is of the opinion that:
  f. in the case of a prohibition notice, prohibit or restrict the use of any premises or part thereof or thing in the industrial establishment until the existing danger has been removed or this Act has been complied with; or
  g. in the case of an improvement notice, direct that alterations be carried out or that other steps be taken to remove the existing danger or to comply with this Act within such period as may be specified in the notice."
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 74)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: "Where an inspector is of the opinion that:
  a. a part of the ways, works, machinery, plant and equipment used in an industrial establishment is in such a condition, or is so constructed or is so placed that it cannot be used without risk of bodily injury or damage to the environment;
  b. a process or work is carried on or anything is or has been done in an industrial establishment in such a manner as to cause risk of bodily injury or damage to the environment;
  c. an industrial establishment is in such a condition that a process or work carried on therein cannot be so carried on without risk of bodily injury or damage to the environment;
  d. there exist in an industrial establishment conditions which expose employees or other persons therein to risk of bodily injury; or
  e. a person is contravening this Act or has contravened this Act in circumstances that make it likely that the contravention will continue or be repeated,
  he shall, without prejudice to his power to initiate legal proceedings, serve on the appropriate person a prohibition or improvement notice stating that he is of that opinion, giving particulars of the reasons why he is of that opinion and may, as the case may be. (...)"

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 74.1)

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: Power of inspector to conduct court proceedings
  "An inspector may prosecute or conduct before the Court any complaint or other proceedings arising under this Act or in the discharge of his duties as an inspector."

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Art. 80)

• 11.3.7 Other enforcement powers

  Summary / Citation: Powers of inspectors
  (1) "Every inspector shall, for the purposes of the enforcement of this Act, have power to do all or any of the following:
  a. to enter, inspect, take photographs of and examine, at all reasonable times, either alone or together with such other person possessing technical or special knowledge as the Chief Inspector may authorize in writing, any premises which he has reasonable cause to believe are premises to which this Act applies;
  b. to request the presence and assistance of a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
  c. to be accompanied by:
  - a representative of the management of the industrial establishment; or
  - a person, whether employed in the industrial establishment or not, nominated by the collective bargaining unit for persons employed in the industrial establishment;
  d. to request the production of any licence, drawing, specifications, permit, register, certificate, notice, report or other relevant document and to inspect, examine and copy them;
  e. to make such examination and inquiry as may be necessary to ascertain whether this Act is being complied with;
  f. to require any person whom he finds in an industrial establishment to give information as to the identity of the owner, occupier or employer;
  g. to require a person:
  - in an industrial establishment; or
  - whom he has reasonable cause to believe to be, or to have been within the preceding two months, employed in premises to which this Act applies,
  to answer questions with respect to matters under this Act and to sign a declaration of the truth of such answers, except that no one shall be required under this paragraph to give any answers which may tend to incriminate himself;
  h. to investigate accidents occurring in industrial establishments;
  i. in the case of a medical inspector, to conduct such medical examinations as may be necessary for the purposes of this Act;
  j. to take photographs for the purpose of any investigation; and
  k. to exercise such other powers as may be necessary for the purposes of this Act."
  (2) "Every inspector, in the discharge of his duties under this Act, is empowered to require of an occupier the means necessary for entry, inspection, examination, inquiry and, subject to section 73, the taking of samples in respect of premises to which this Act applies."
  (3) "Any person who:
  a. wilfully delays an inspector in the exercise of any power under this section;
  b. fails to comply with the requisition of an inspector in pursuance of this section, or to produce a register, certificate, notice or document which he is required by or in pursuance of this Act to produce;
  c. wilfully withholds information as to who is the occupier of an industrial establishment; or
  d. conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, is deemed to have obstructed an inspector in the execution of his duties under this Act."
  (4) "Any person who obstructs an inspector in the execution of his powers or duties under this Act, commits an offence and is liable, on summary conviction, to a fine of two thousand dollars and to imprisonment for six months."
  (Art. 72)

  PART XI: SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

  Construction and alteration of factories
  (1) "No person shall undertake, without the prior approval of the Chief Inspector:
  - the construction of any new factory or warehouse;
  - the reconstruction of any existing factory or warehouse or the extensive installation of any new plant or machinery therein; or
  - the alteration, modification or changes in the existing plant or machinery which is likely to change significantly the working environment in a factory or warehouse."
  (2) "A period of not more than six weeks shall be allowed for the consideration of every application made under this section and where the Chief Inspector’s decision is not issued to the applicant during that period, the Chief Inspector shall submit his reasons for the delay, in writing, to the applicant."
  (3) "Every application under this section shall be made on the prescribed form and shall be accompanied by the prescribed documents."
  (Art. 59)

  Notice of occupation of factory and use of mechanical power
  (1) "Every person shall, within one month after he begins to occupy, or to use any premises, as a factory, serve on the inspector and the local health authority for the district a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is used and, if so, its nature, the name of the local health authority within whose district the factory is situated and such other particulars as may be prescribed, and if he fails to do so, he shall be guilty of an offence and liable, on summary conviction, to a fine of five thousand dollars and to a further fine of five hundred dollars for each day on which the offence continues."
  (2) "Within one month of the date upon which mechanical power is, after the commencement of the Act, first used in any factory, the occupier shall serve on the inspector and the local health authority for the district a written notice stating the nature of such mechanical power."
  (Art. 60)

  Postings
  (1) "Every occupier shall keep prominently displayed in an appropriate part of the factory:
  - the prescribed abstract of this Act; and
  - a suitable clock."
  (2) "In every factory a printed copy of this Act and of the Regulations or Orders for the time being in force together with the rules of that factory shall be provided and maintained in good condition in a location readily accessible to employees."
  (3) "An inspector may direct that any document required to be posted under this section shall be in the prescribed form and shall be posted in such part of the factory as he may think fit."
  (4) "A person who removes, damages or defaces any document required by this Act to be posted in a factory commits an offence and is liable, on summary conviction, to a fine of five hundred dollars."
  (Art. 61)

  Periodical returns of factory employees
  "The occupier of every factory shall, at intervals of not less than one year, send to the Chief Inspector a correct return specifying with respect to such period as the Minister may direct, the number of persons employed in his factory, and giving such particulars as may be prescribed, as to the hours of employment of each employee, as to the age, sex and occupation of all persons employed, and as to such other matters, if any, as the Minister may direct."
  (Art. 62)

  Building operations and works of engineering construction
  "Any person undertaking any building operations or works of engineering construction shall, not later than seven days after the beginning thereof, serve on the Chief Inspector a written notice stating the name and postal address of the person so undertaking the operations or works, the place and nature of the operations or works, the name of the regional health authority within whose district the operations or works are situated and such other particulars as may be prescribed where:
  - this section shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Chief Inspector may direct; and
  - where a person undertakes any building operations or works of engineering construction in a place where such operations or works are in progress, he shall not be required to give notice, if a notice was given in respect of the operations or works in progress."
  (Art. 63)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 72 and Part XI)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Protection against victimization of employees
  (1) "No employer shall dismiss, suspend or otherwise adversely affect the employment of an employee or alter his position to his prejudice, by reason only that an inspector in exercise of his powers under this Act, sought or obtained from the employee information pertaining to the operation of the industrial establishment."
  (2) "An employer who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of five thousand dollars and to imprisonment for three months."
  (Art. 76)

  Power of Court to order remedy
  (1) "Where an employer, occupier or owner is convicted of an offence under this Act, the Court may, in addition to or instead of imposing a penalty, order him within the time specified in the order, to take such steps as may be specified for remedying the matters in respect of which the offence occurred, and may, on the application of the employer, occupier or owner, extend the time so specified."
  (2) "Where an order referred to in subsection (1) is made, the employer, occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the Court, but if, after the expiration of that time as originally specified or extended, the order is not complied with, the employer, occupier or owner, as the case may be, commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars, for each day on which the non-compliance continued after the said expiration."
  (Art. 84)

  Penalty where none is expressly provided
  "Subject to the provisions of this Act, any person who commits an offence under this Act for which no penalty is expressly provided, is liable, on summary conviction to a fine of twenty thousand dollars and to imprisonment for one year, and if the offence in respect of which he was convicted is continued after the conviction, he is liable to a further fine of ten thousand dollars for each day on which the offence continues."
  (Art. 84)

  Fines in case of death or injury
  (1) "Subject to subsections (2) and (3), where a person dies, is critically injured or develops an occasional disease in consequence of an employer, occupier or owner having contravened this Act, the employer, occupier or owner shall, without prejudice to any other liability or right of action arising out of the death or critical injury or disease, be liable to a fine of one hundred thousand dollars, or of an amount equivalent to three years pay of that person, whichever is greater, and the whole or part of the fine may be applied for the benefit of the victim or of his estate, or otherwise as the Court may determine."
  (2) "In the case of an occupational disease, the employer, occupier or owner shall not be liable to a fine under this section unless the disease resulted directly from the contravention."
  (Art. 86)

  Determination of safety and health offences
  "All offences referred to as safety and health offences in this Act shall be determined by the Industrial Court."
  (Art. 97A)

  • Occupational Safety and Health Act 2004 (No. 1 of 2004). (Arts. 76, 84, 85, 86 and 97A)

• 11.4.2 Financial penalties for natural persons

  No data available.
  

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: Criminal and other remedies
  (1) "Notwithstanding anything contained in this Act, but subject to subsection (2), where a person contravenes a provision of this Act or any Regulations made thereunder or fails to comply with any prohibition, restriction, instruction or directive issued under this Act or any such Regulations, he commits an offence and is liable to be dealt with in accordance with the provisions of the Summary Courts Act."
  (2) "A competent person, employer, occupier or owner of premises only commits an offence under this Act or Regulations made thereunder if it is proved that he failed to take reasonable steps to prevent the commission of the offence."
  (3) "Where an offence under this Act or Regulations made thereunder is proved to have been committed with the consent, connivance or acquiescence of, or to have been facilitated by neglect on the part of a director, manager, secretary or other officer of a company, such director, manager, secretary or other officer, as well as the company, is liable to be proceeded against for the commission of the offence."
  (Art. 83 Occupational Safety and Health Act, 2004 (No. 1 of 2004))
  

  • Occupational Safety and Health Act 2004 (No. 1 of 2004).

• 11.4.5 Terms of imprisonment for natural persons

  No data available.