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Occupational Safety and Health (OSH)
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Saint Vincent and the Grenadines - 2015

Themes

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

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: The Factories Act Chapter 335 of 1955 as lastly amended in 1987 contains provisions in relation to occupation safety and health. The draft Occupational Safety and Health Bill seeks to promote and develop OSH standards in the workplace and is intended to replace the factories Act of 1957.

      In the system of Saint Vincent and the Grenadines, the Governor General is the head of State appointed by the Her Majesty (Constitution, Article 19). The Prime Minister appointed by the Governor-General. (Constitution, Article 51).
      "There shall be a Parliament of Saint Vincent which shall consist of Her Majesty and a House of Assembly."
      (Constitution, Article 23)

      "Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Vincent." (Constitution, Article 37)

      (1) "Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section."
      (2) "A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be regarded as being passed by the House unless on its final reading the bill is supported by the votes of not less than two-thirds of all the Representatives."
      (3) "A bill to alter this section, the Schedule to this Constitution or any of the Provisions of this Constitution specified in Part 1 of that Schedule or any of the provisions of the Courts Order specified in Part 2 of that Schedule shall not be submitted to the Governor-General for his assent unless
      a. there has been an interval of not less than ninety days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill; and
      b. after it has been passed by the House the bill has been approved on a referendum by not less than two-thirds of all the votes validly cast on that referendum."
      (4) "The provisions of paragraph (b.) of subsection (3) of this section shall not apply in relation to any bill to alter
      a. section 98 of this Constitution in order to give effect to any agreement between Saint Vincent and the United Kingdom concerning appeals from any court having jurisdiction in Saint Vincent to Her Majesty in Council;
      b. any of the provisions of the Supreme Court Order in order to give effect to any international agreement on which Saint Vincent is a party relating to the Supreme Court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for Saint Vincent and for other countries also parties to the agreement."
      (5) "Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing Representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote."
      (6) "In any referendum for the purposes of this section the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
      (7) The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the provisions of subsections (4), (5) and (6) of section 34 of this Constitution shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives."
      (8) "a. A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2) of this section have been complied with and, where a referendum has been held in pursuance of subsection (3)(b.) of this section, by a certificate under the hand of the Supervisor of Elections stating the results of the referendum.
      b. The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law.
      c. In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker."
      (9) "In this Section and the Schedule to this Constitution references to any of the provisions of this constitution or the Supreme Court Order include references to any law that alters that provision."
      (Constitution, Article 38)

      (1) "The power of Parliament to make laws shall be exercised by bills passed by the House and assented to by the Governor-General."
      (2) "When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents."
      (3) "When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Governor-General shall thereupon cause it to be published in the Official Gazette as law."
      (4) "No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect."
      (Constitution, Article 43)
      "Restrictions with regard to certain financial measures" (Constitution, Article 44)

      • Occupational safety and health country profile: Saint Vincent and the Grenadines

      • Draft Occupational Safety and Health Bill

      • National Insurance (Employment Injury Benefits) Regulations, 1997.

      • Factories Act Chapter 335

      • Saint Vincent Constitution Order 1979 (S.I. No. 916 of 1979).

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      No data available.

    • 2.2 Definition of worker

      No data available.

      • 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

      No data available.

      Related CEACR Comments
      • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2019

    • 2.4 Exclusion of branches of economic activity

      Sometimes.

      • 2.4.1 Agriculture

        No data available.

      • 2.4.2 Construction

        Summary/citation: (1) "This Act shall apply to factories belonging to or in occupation of the Crown and to building operations and works of engineering construction undertaken by or on behaft of the Crown: but in the case of any public emergency the Governor-General may, by order, to the extent and during the period named in the order, exempt from this Act any factory belonging to the Crown or any building operations or works of engineering construction undertaken by ot on behalf of the Crown or any factory in respect of work which is being done on behaft of the Government."
        (2) "In subsection (1) "Crown" includes any department of Government."
        (Art. 5)

        "In this Act, "factory" means any premises included in the First Schedule."
        (Art. 2)

        • Factories Act Chapter 335 (Arts. 2, 5 and First Schedule)

      • 2.4.3 Services

        No data available.

      • 2.4.4 Public sector

        Summary/citation: (1) "This Act shall apply to factories belonging to or in occupation of the Crown and to building operations and works of engineering construction undertaken by or on behaft of the Crown: but in the case of any public emergency the Governor-General may, by order, to the extent and during the period named in the order, exempt from this Act any factory belonging to the Crown or any building operations or works of engineering construction undertaken by ot on behalf of the Crown or any factory in respect of work which is being done on behaft of the Government."
        (2) "In subsection (1) "Crown" includes any department of Government."

        • Factories Act Chapter 335 (Art. 5)

        Related CEACR Comments
        • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2019

      • 2.4.5 Other

        Summary/citation: (1) "Save in this Act otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all such factories."
        (2) "Except where otherwise expressly provided, the provisions of this Act shall be in addition to and not in substitution for or diminution of, the provisions of any other Act."
        (Art. 4)

        "In this Act, "factory" means any premises included in the First Schedule."
        (Art. 2)

        "The Governor-General may, by order, declare that the provisions of certain sections of this Act shall be applicable to tenement factories, electrical stations, premises in which hoists and lifts are used, institutions, docks, wharves, quays (including any warehouses in connection with the same) and other warehouses, ships on which work is being carried out in harbour or in wet dock, building operations or works of engineering construction."
        (Art. 6)

        "Where a part of a building is let off as a separate factory, the Governor-General may, by order, declare which sections of this Act are to be the responsibility of the owners of the building and which the responsibility of the occupier of the factory."
        (Art. 7)

        • Factories Act Chapter 335 (Arts. 2, 4, 6, 7 and First Schedule)

    • 2.5 Definition of occupational accident

      Summary/citation: ""Relevant accident", "relevant injury" and "relevant disease" means respectively, in relation to any benefit, the accident, injury or occupational disease in respect of which that benefit is claimed or payable, and "relevant loss of faculty" means the loss of physical or mental faculty resulting from the relevant accident, injury or occupational disease."

      • National Insurance (Employment Injury Benefits) Regulations, 1997. (Art. 2)

    • 2.6 Definition of occupational disease

      Summary/citation: Application to occupational diseases:
      "Subject to the provision of these Regulations, employment injury benefit shall be payable to an insured person who is suffering from an occupational disease listed in the Third Schedule which results from the nature of his insurable employment and as a result of which he:
      (a) is incapable of work; or
      (b) suffers a loss of physical or mental faculty such that the extent of the resulting disablement is not less than one per cent; or
      (c) dies as a result of the relevant disease."
      (Art. 22)

      ""Relevant accident", "relevant injury" and "relevant disease" means respectively, in relation to any benefit, the accident, injury or occupational disease in respect of which that benefit is claimed or payable, and "relevant loss of faculty" means the loss of physical or mental faculty resulting from the relevant accident, injury or occupational disease."
      (Art. 2)

      • National Insurance (Employment Injury Benefits) Regulations, 1997. (Arts. 2 and 22)

      • 2.6.1 List of occupational diseases

        Summary/citation: THIRD SCHEDULE (Regulation 22): Occupational Diseases
        (1) Anthrax: Work in connection with animals or the Handling of animal carcasses or parts of such carcasses or of wool, hair, bristles, hides, skins, hoofs or horns
        (2) Arsenic: Poisoning or its after effects Any process involving the production, liberation or handling or utilization of arsenic or its preparations or compounds,
        (3) Lead poisoning or its after effects: Any process involving the production, liberation or handling of lead or its compounds, or any work involving the use of lead or its preparations or compounds.
        (4) Poisoning by benzene or its homologue or its their nitro and their amida dirivatines and (its sequel) after effects: Any process involving the production, liberation or utilization of benzene or its homologue, or their nitro and amido derivations.
        (5) Pathological manifestation due to:
        a. Radium or other radio active substances: Any person exposed to the action radium radio-active substances or Xrays.
        b. X-rays
        c. Ulceration of the corneal surface of the eye: Any process involving the use or handling of, or exposure to, tar, pitch, bitumen, mineral oil (including kerosene), soot or any compound, product or residue of any of these substances.
        d. localised new growth of the skin, papilomatous or keratotic.
        (6) Bagassosis: Any occupation involving the processing, use or handling of a exposure to bagasse or a compound of bagasse or a substance containing bagasse.
        (7) Tuberculosis: Any occupation involving close and frequent contact with a source and sources of tuberculosis infection by reason of employment:
        a. In the medical treatment or nursing of a person or persons suffering form tuberculosis, or in a service ancillary to such treatment or nursing;
        b. In attendance upon a person or persons suffering form tuberculosis, where the need for such attendance arises by reason of physical or mental deficiency;
        c. As a research worker engaged in research in connection with tuberculosis.
        d. As a laboratory worker, pathologist or post mortem worker, where the occupation involves working with material which is a source of tuberculosis infection, or in an occupation ancillary to such employment.

        • National Insurance (Employment Injury Benefits) Regulations, 1997. (Third Schedule)

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        No data available.

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

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The "Department of Labour" is the competent national authority for safety and health at work in Saint Vincent and the Grenadines.

      Remarks / comments: More information are available on the Department of Labour website: http://www.dol.gov.vc/index.php?option=com_content&view=article&id=108&Itemid=94

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: MISSION:
        To improve the quality of life of workers by fostering a greater degree of collaboration between Government and the Social Partners (Trade Union and Employers) thus engendering a peaceful industrial climate.

        VISION:
        To maintain an effective Labour Department that is dedicated to stability in the labour market, to establish a workplace equipped to operate in a competitive environment to disseminate accurate and timely information and to ensure that the labour laws are upheld

        OUR SERVICES:
        - Dispute Settlement (Individual complaints/Trade Union initiated complaints settlement by way of conciliation)
        - Advice on Employment and Labour Matters
        - Workplace Inspections
        - Overseas Migrant Workers Programme
        - Employment Services (Registration of Job Seekers, Job Placement, Job Search Training)
        - Labour Market Information

        Remarks / comments: More information are available on the Department of Labour website: http://www.dol.gov.vc/index.php?option=com_content&view=article&id=108&Itemid=94

      • 3.1.2 Chairperson and composition

        Summary/citation: "STAFF:
        The Labour Department, which is headed by a Labour Commissioner, has a total of seventeen persons on staff including four labour inspectors."

        Remarks / comments: More information are available on the Department of Labour website: http://www.dol.gov.vc/index.php?option=com_content&view=article&id=108&Itemid=94

    • 3.2 National OSH research programme or institute

      No data available.

      • 3.2.1 Objectives, roles and/or functions

        No data available.

      • 3.2.2 Governance board constitution and chairmanship

        No data available.

      • 3.2.3 Source of funding

        No data available.

    • 3.3 National OSH programme

      No data available.

      • 3.3.1 Consultation on the national OSH programme

        No data available.

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

    • 4.1 Duty to ensure the health and safety of employees

      Yes.

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

      Summary/citation: "The Governor-General may make regulations to facilitate the protection of persons employed outside a factory by the the occupier of a factory in the business of the factory."

      • Factories Act Chapter 335 (Art. 14)

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

      No data available.

    • 4.4 Surveillance of workers’ health in relation to work

      No data available.

      • 4.4.1 Specific hazards for which surveillance is required

        No data available.

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: (1) "The occupier of every factory shall:
      a. keep the factory in a clean state;
      b. not permit the factory to be overcrowded;
      c. secure adequate ventilation in the factory;
      d. provide suitable and sufficient lighting therein;
      e. provide effective means for draining floors; and
      f. provide suitable and sufficient sanitary conveniences for the use of persons employed in the factory."
      (2) "The Governor-General may make regulations prescribing the standards to be achieved in respect to any of the above obligations and the methods of attaining them."

      • Factories Act Chapter 335 (Art. 8.1)

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: (3) "The Governor-General may, by order, specify any process which involves a special risk of injury to the eyes, and may require the provision of suitable goggles or effective screens to protect the eyes of the persons employed in that process."
      (4) "Where in any factory workers are employed in any process involving exposure to wet, or to an injurious or offensive substance, the Governor-General may, by order, require the provision and maintenance of suitable protective clothing and appliances, including, where necessary, suitable gloves, footwear, goggles and head coverings for the use of such workers."

      • Factories Act Chapter 335 (Art. 11.3, .4)

    • 4.7 Duty to ensure the usage of personal protective equipment

      No data available.

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: (1) "The Governor-General may make regulations requiring such steps to be taken in connection with securing the welfare of persons employed in any factory as may be specified in such regulations. Such regulations:
        a. may ne made for any particular factory, or for factories in any class or description, or for any class of persons employed in any factory;
        b. may in particular require:
        - the provision of an adequate supply of drinking water;
        - the provision of washing facilities;
        - the provision of accommodation for clothing not worn during working hours and for drying such clothing;
        - the provision for the use of employed persons of suitable facilities for sitting during the course of their employment;
        - the provision and maintenance, so as to be readily accessible, of a first-aid box, or first-aid equipment; and
        - the provision and maintenance of such other arrangements as appear to him to be necessary, including canteens, messrooms, rest rooms, welfare supervision."
        (2) "The Governor-General may make regulations prescribing the standards to be achieved in respect to the above regulations and the methods of attaining them."

        • Factories Act Chapter 335 (Art. 10)

      • 4.8.2 Sanitary installations

        Summary / Citation: ""Sanitary conveniences" includes urinals, water closets, earth closets, privies, ashpits and any similar conveniences."
        (Art. 3.1)

        "The occupier of every factory shall:
        f. provide suitable ad sufficient sanitary conveniences for the use of persons employed in the factory."
        (Art. 8.1.f)

        • Factories Act Chapter 335 (Arts. 3.1 and 8.1)

      • 4.8.3 Drinking water

        Summary / Citation: (1) "The Governor-General may make regulations requiring such steps to be taken in connection with securing the welfare of persons employed in any factory as may be specified in such regulations. Such regulations:
        a. may ne made for any particular factory, or for factories in any class or description, or for any class of persons employed in any factory;
        b. may in particular require:
        - the provision of an adequate supply of drinking water;
        - the provision of washing facilities;
        - the provision of accommodation for clothing not worn during working hours and for drying such clothing;
        - the provision for the use of employed persons of suitable facilities for sitting during the course of their employment;
        - the provision and maintenance, so as to be readily accessible, of a first-aid box, or first-aid equipment; and
        - the provision and maintenance of such other arrangements as appear to him to be necessary, including canteens, messrooms, rest rooms, welfare supervision."
        (2) "The Governor-General may make regulations prescribing the standards to be achieved in respect to the above regulations and the methods of attaining them."

        • Factories Act Chapter 335 (Art. 10)

      • 4.8.4 Rest and eating areas

        Summary / Citation: (1) "The Governor-General may make regulations requiring such steps to be taken in connection with securing the welfare of persons employed in any factory as may be specified in such regulations. Such regulations:
        a. may ne made for any particular factory, or for factories in any class or description, or for any class of persons employed in any factory;
        b. may in particular require:
        - the provision of an adequate supply of drinking water;
        - the provision of washing facilities;
        - the provision of accommodation for clothing not worn during working hours and for drying such clothing;
        - the provision for the use of employed persons of suitable facilities for sitting during the course of their employment;
        - the provision and maintenance, so as to be readily accessible, of a first-aid box, or first-aid equipment; and
        - the provision and maintenance of such other arrangements as appear to him to be necessary, including canteens, messrooms, rest rooms, welfare supervision."
        (2) "The Governor-General may make regulations prescribing the standards to be achieved in respect to the above regulations and the methods of attaining them."

        • Factories Act Chapter 335 (Art. 10)

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

    • 5.1 Elements of an OSH management system

      No data available.

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

        No data available.

      • 5.1.2 Appointment of a person for health and safety

        No data available.

      • 5.1.3 Written risk assessment

        No data available.

      • 5.1.4 Safe operating work systems and procedures

        No data available.

      • 5.1.5 Training and information on risks

        No data available.

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.

      • 5.1.7 Consultation with workers in health and safety

        No data available.

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

      No data available.

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

    • 6.1 OSH competence

      No data available.

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

        No data available.

        • 6.1.1.1 Qualifications of experts or professional services

          No data available.

    • 6.2 Appointment of an OSH practitioner

      No data available.

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.

  • 7 Workers' rights and duties

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

      No data available.

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

      No data available.

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

      No data available.

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

      No data available.

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

      No data available.

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: (1) "No person employed in a factory, or in any other place to which the provisions of this Act apply, shall willfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use the means or appliance."
      (2) "No person employed in a factory, or in any other place to which any provisions of this Act apply, shall willfully and without reasonable cause do anything likely to endanger himself or others."

      • Factories Act Chapter 335 (Art. 15)

    • 7.7 Right to enquire about risks and preventive measures

      No data available.

    • 7.8 Right to remove themselves from a dangerous situation

      No data available.

    • 7.9 Right to be reassigned to non-hazard work

      No data available.

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

        No data available.

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

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

      No data available.

      • 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

      No data available.

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

      No data available.

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

        No data available.

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

        No data available.

    • 8.4 OSH representatives’ functions, rights and powers

      No data available.

      • 8.4.1 Right to inspect the workplace

        No data available.

      • 8.4.2 Right to access OSH information

        No data available.

      • 8.4.3 Right to be present at interviews

        No data available.

      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.

      • 8.4.5 Right to accompany inspectors

        No data available.

      • 8.4.6 Right to use facilities

        No data available.

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

        No data available.

      • 8.4.8 Right to issue remedial notices

        No data available.

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        No data available.

      • 8.4.10 Right to direct that dangerous work cease

        No data available.

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

      No data available.

      • 8.5.1 Right to enter the workplace

        No data available.

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

        No data available.

      • 8.5.3 Right to consult with workers

        No data available.

      • 8.5.4 Right to advise workers

        No data available.

      • 8.5.5 Right to initiate enforcement action

        No data available.

    • 8.6 Joint OSH Committee

      No data available.

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        No data available.

      • 8.6.2 Conditions for establishing a joint OSH committee

        No data available.

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

        No data available.

      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        No data available.

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

      No data available.

    • 8.8 Protection against reprisals

      No data available.

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

      No data available.

  • 9 Specific hazards or risks

    • 9.1 Biological hazards

      No data available.

    • 9.2 Chemical hazards

      No data available.

      • 9.2.1 Handling, storage, labelling and use

        No data available.

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

        No data available.

      • 9.2.3 Pesticides

        No data available.

    • 9.3 Ergonomic hazards

      No data available.

    • 9.4 Physical hazards

      Sometimes.

      • 9.4.1 Ionising radiation

        No data available.

      • 9.4.2 Vibration and noise

        No data available.

      • 9.4.3 Working at height

        No data available.

      • 9.4.4 Working in confined spaces

        No data available.

      • 9.4.5 Risks arising from poor maintenance of workplace facilities

        No data available.

      • 9.4.6 Exposure to extreme temperatures

        Summary / Citation: "In every laundry effective steps shall be taken to regulate the temperature in every ironing room and to carry the steam in every washhouse, and all stoves for heating irons shall be so separated from any ironing room or ironing table so as to protect the workers from the heat thereof."

        • Factories Act Chapter 335 (Art. 11.7)

      • 9.4.7 Fire risks

        Summary / Citation: "The Governor-General may make regulations prohibiting or restricting the carrying on of work in any underground room, and may prescribe the standards of construction, height, light, ventilation, any hygienic conditions and the means of escape in case of fire to be provided in any such workroom in which work is permitted to be carried on."
        (Art. 11.6)

        "For the purpose of securing the safety of persons employed in or performing any duty in a factory, the following provisions shall apply to every factory:
        a. there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work;
        b. adequate measures shall be taken for the prevention of fire in every factory and the provision of adequate means of escape in case of fire for persons employed therein;
        c. where in any factory, explosive or inflammable dust, gas, vapour or substance is present, precautions shall be taken in order to reduce the risk of fire or explosion to a minimum. (...)"
        (Art. 9.1)

        • Factories Act Chapter 335 (Arts. 11.6 and 9.1)

      • 9.4.8 Tobacco

        No data available.

      • 9.4.9 Asbestos

        No data available.

      • 9.4.10 Risks related to nanotechnology

        No data available.

      • 9.4.11 Contraction of HIV in the workplace

        No data available.

    • 9.5 Psychosocial hazards

      No data available.

      • 9.5.1 Psychosocial risks

        No data available.

      • 9.5.2 Occupational violence

        No data available.

    • 9.6 Other hazardous substances

      Summary / Citation: (1) "The Governor-General may make regulations prescribing the measures to be taken to protect the persons employed against the inhalation of any dust, fumes or other impurities likely to be injurious or offensive to persons employed."
      (2) "a. No person shall be permitted to partake of food or drink in any room where any lead, arsenic or other poisonous substance is used.
      b. The Governor-General may, by order, prohibit the taking of meals in any room where he is satisfied that it may be undesirable or injurious to health to take meals in such rooms.
      c. Suitable provisions shall be made for enabling persons employed in any such room to take their meals elsewhere in the factory."

      • Factories Act Chapter 335 (Art. 11.1, .2)

    • 9.7 Machineries

      Sometimes.

      • 9.7.1 Risks related to machinery and tools

        Summary / Citation: "For the purpose of securing safety of persons employed in or performing any duty in a factory, the following provisions shall apply to every factory:
        d. all machinery used, and every part thereof which is in use in any factory, shall be made safe to all persons employed or working in the factory. For this purpose the word "machinery" shall be deemed to include:
        - every machine and every part thereof;
        - prime movers and every part thereof; and
        - transmission machinery including every shaft, wheel drum, pulley, system of fast and loose pulleys, driving belt or chain, couplings, clutch or other device by which the motion of a prime mover is transmitted to or received by any machinery or appliance;
        e. every steam boiler, steam container, steam receiver, air receiver, gas holder or other pressure vessel used in any factory shall be operated and maintained in such a manner as to be safe to persons employed or working in the factory;
        f. all chains, ropes and lifting tackle, cranes and other lifting machines, hoists and lifts used in any factory shall be operated and maintained in such a manner as to be safe to persons employed in the factory;
        g. all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and every part of the ways, works, machinery or plant used in the factory shall be in such a condition or so constructed or so placed that it can be used without risk of bodily injury."
        (Art. 9.1)

        "a. Where the Governor-General is satisfied that any manufacture, machinery, plant, equipment, appliance, process or description of manual labour used in factories is of such a nature as to cause risk of bodily injury or be offensive to the persons employed, or any class of those persons, he may subject to the provisions of this Act, make such special regulations as appear to him to be reasonably practicable and to meet the necessity of the case.
        b. Such regulations may prohibit or restrict the employment of all persons or any class of persons in circumstances specified in the regulations, may prohibit, limit or control the use of any material or process and may apply to all factories or to any specific class or description of such factories, may provide for exemption in prescribed circumstances and may impose obligations on owners of factories, employed persons and other persons, as well as on the occupiers of factories."
        (Art. 11.9)

        • Factories Act Chapter 335 (Arts. 9.1 and 11.9)

      • 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

        No data available.

        • 9.7.5.1 List of equipment where applicable

          No data available.

    • 9.8 Provisions to protect workers in specific condition of vulnerability

      Sometimes.

      • 9.8.1 Protection of pregnancy at work

        No data available.

      • 9.8.2 Protection of lactating women at work

        No data available.

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

        Summary / Citation: (1) ""Woman" means a woman who has attained the age of eighteen."

        (2) "A woman, young person or child who works in a factory, whether for wages or not, either in a process, or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of the Act or of any proceedings thereunder."

        • Factories Act Chapter 335 (Art. 3)

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

        Summary / Citation: (1) ""Young person" means a person who has attained the age of fourteen and has not attained the age of eighteen."
        (2) "A woman, young person or child who works in a factory, whether for wages or not, either in a process, or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of the Act or of any proceedings thereunder."
        (3) "A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings hereunder."
        (Art. 3)

        (3) "The Governor-General may make orders prohibiting the employment of any young person in a factory after a prescribed period of time, being not less than seven days, unless he has been examined by a qualified medical practitioner and certified by him to be fit for that employment."
        (4) An order make under subsection (3):
        a. may apply to all factories or to prescribed classes or description of factories;
        b. to all young persons or to prescribed classes and descriptions of young persons;
        c. may prescribe the conditions and procedure under which certificates are to be issued."
        (Art. 8)

        "Where the Inspector is of the opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to his health or the health of other persons, he may serve written notice thereof on the occupier of the factory requiring that the employment of work, as the case my be, be discontinued after the period named therein, not being less than one nor more than seven days after the service of the notice; and the occupier shall not continue after the period named in the notice to employ that young person, unless, after the service of the notice, the young person has been examined by a duly qualified medical practitioner, and certified by him to be fit for employment in the factory, or in the process or king of work, as the case may be."
        (Art. 18.3)

        • Factories Act Chapter 335 (Arts. 3, 8 and 18.3)

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

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

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

      Sometimes.

      • 10.1.1 Work-related accidents

        Summary / Citation: "Where it appears to the Governor-General that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory, or at factories of that class or description, to secure the the safety of persons employed therein, he may make regulations requiring the occupier to make such provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the regulations."

        • Factories Act Chapter 335 (Art. 9.4)

      • 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

      No data available.

      Related CEACR Comments
      • Labour Inspection Convention, 1947 (No. 81) Observation 2019
      • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: ""Inspector" means the Inspector appointed under this Act."
      (Art. 3.1)

      (1) "There shall be an Inspector, under whatever title the Governor-General may determine, appointed in accordance with the provisions of the Constitution and such officers as the Governor-General may think necessary for the execution of this Act."
      (2) "The Inspector shall be responsible for the administration of this Act except in so gar as the Governor-General may impose certain duties on other Government officers."
      (Art. 17)

      • Factories Act Chapter 335 (Arts. 3.1 and 17)

    • 11.2 OSH inspectors’ powers

      Yes.

      • 11.2.1 Power to enter workplaces

        Summary / Citation: "The Inspector shall, for the purpose of the execution of this Act, have the power to do all or any of the following things, that is to say:
        a. to enter, inspect and examine, by day or night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used (...)"

        • Factories Act Chapter 335 (Art. 18.1)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

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

        Summary / Citation: (1) "The Inspector shall, for the purpose of the execution of this Act, have the power to do all or any of the following things, that is to say:
        a. to enter, inspect and examine, by day or night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day, any place which he has reasonable cause to believe to be a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used;
        c. to require the production of the registers, certificates, notices and documents directed to be kept in pursuance of this Act and to inspect, examine and copy any of them;
        d. to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with so far as respects a factory and any persons employed in a factory;
        e. to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory;
        f. to examine, either alone or in the presence of some other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory or whom he has reasonable cause to believe to be, or to have been within the preceding three months, employed in a factory, and to require every such person to be so examined and to sign a declaration of truth of the matters respecting which he is so examined; so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to incriminate himself;
        g. in the case of an Inspector who is duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under this Act;"

        (4) "a. The Inspector may take for analysis samples of material used, or intended to be used, in a factory, which he thinks may prove, on analysis, to be likely to cause bodily injury to the persons employed.
        b. The Governor-General may make regulations prescribing the procedure to be followed in taking samples."

        • Factories Act Chapter 335 (Art. 18.1, .4)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

      • 11.2.3 Power to investigate

        No data available.

      • 11.2.4 Duty to provide advice on OSH

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

      • 11.3.1 Power to issue orders or notices

        Summary / Citation: "Where the Inspector is of the opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to his health or the health of other persons, he may serve written notice thereof on the occupier of the factory requiring that the employment of work, as the case my be, be discontinued after the period named therein, not being less than one nor more than seven days after the service of the notice; and the occupier shall not continue after the period named in the notice to employ that young person, unless, after the service of the notice, the young person has been examined by a duly qualified medical practitioner, and certified by him to be fit for employment in the factory, or in the process or king of work, as the case may be."

        • Factories Act Chapter 335 (Art. 18.3)

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

      • 11.3.2 Power to impose financial penalties

        No data available.

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

      • 11.3.4 Power to require the cessation of dangerous work

        No data available.

        Related CEACR Comments
        • Labour Inspection Convention, 1947 (No. 81) Observation 2019
        • Labour Inspection Convention, 1947 (No. 81) Direct Request 2019

      • 11.3.5 Power to initiate prosecutions

        Summary / Citation: "The Inspector may, although he is not a qualified legal practitioner, prosecute, conduct or defend in any legal proceedings arising under this Act or in the discharge of his duties as an Inspector."

        • Factories Act Chapter 335 (Art. 18.2)

      • 11.3.6 Power to conduct prosecutions

        Summary / Citation: "The Inspector may, although he is not a qualified legal practitioner, prosecute, conduct or defend in any legal proceedings arising under this Act or in the discharge of his duties as an Inspector."

        • Factories Act Chapter 335 (Art. 18.2)

      • 11.3.7 Other enforcement powers

        Summary / Citation: "The Inspector shall, for the purpose of the execution of this Act, have the power to do all or any of the following things, that is to say:
        b. to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
        h. to exercice such other powers as may be necessary for carrying this Act into effect."

        • Factories Act Chapter 335 (Art. 18.1)

    • 11.4 Application of sanctions by courts

      Sometimes.

      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: (1) "In the event of any contravention in, or in connection with, or in relation to, a factory of the provisions of this Act or any regulations or order made hereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory is, subject as hereinafter in this Act provided, guilty of an offence."
        (2) "In the event of a contravention by an employed person of the provisions of this Act with respect to the duties of persons employed, or of a contravention by any person of any regulations or order made under this Act which expressly imposes any duty upon him, that person is guilty of an offence and the occupier or owner, as the case may be, is not guilty of an offence in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention."
        (3) "If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception he is deemed to have contravened the provisions of this Act."
        (4) "If any persons are employed in a factory otherwise than in accordance with the provisions of this Act, or of any regulations or order made hereunder, there shall be deemed to be a separate contravention in respect of each person so employed."
        (5) "Where an offence under this Act committed by a company or other body of persons is proved to have been committed with the consent or connivance of, any director, chairman, manager, secretary or other officer of the company or other body of persons, he, as well as the other body of persons, is guilty of an offence and liable to be proceeded against and punished accordingly."
        (Art. 24)

        "Where the contravention of any provision of this Act is a continuing offence:
        a. the recommencement of this offence after any interval constitutes a fresh offence;
        b. a prosecution may be instituted, and the person accused may be convicted and sentenced from time to time in relation to any portion of the period during which the offence continues to be committed, not being portion of such period in relation to which the person accused has been previously convicted and sentenced for the offence."
        (Art. 25)

        "Subject as hereinafter in this Act, or in any regulation or order made hereunder, provided, any person who is guilty of an offence under this Act or any regulation or order made hereunder for which no express penalty is provided by this Act or any regulation or order made hereunder, is liable to a fine of one thousand dollars and, if the contravention of which he was so convicted is continued after the conviction, he is (subject to the provisions of section 27) guilty of a further offence and liable in respect thereof to a fine of two hundred dollars for each day on which the contravention was so continued."
        (Art. 26)

        "Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified. Where such an order is made, the 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 enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, is guilty of an offence and liable to a fine of two hundred dollars for each day on which the non-compliance continues."
        (Art. 27)

        • Factories Act Chapter 335 (Arts. 24-27)

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: (1) "In the event of any contravention in, or in connection with, or in relation to, a factory of the provisions of this Act or any regulations or order made hereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory is, subject as hereinafter in this Act provided, guilty of an offence."
        (2) "In the event of a contravention by an employed person of the provisions of this Act with respect to the duties of persons employed, or of a contravention by any person of any regulations or order made under this Act which expressly imposes any duty upon him, that person is guilty of an offence and the occupier or owner, as the case may be, is not guilty of an offence in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention."
        (3) "If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception he is deemed to have contravened the provisions of this Act."
        (4) "If any persons are employed in a factory otherwise than in accordance with the provisions of this Act, or of any regulations or order made hereunder, there shall be deemed to be a separate contravention in respect of each person so employed."
        (5) "Where an offence under this Act committed by a company or other body of persons is proved to have been committed with the consent or connivance of, any director, chairman, manager, secretary or other officer of the company or other body of persons, he, as well as the other body of persons, is guilty of an offence and liable to be proceeded against and punished accordingly."
        (Art. 24)

        "Where the contravention of any provision of this Act is a continuing offence:
        a. the recommencement of this offence after any interval constitutes a fresh offence;
        b. a prosecution may be instituted, and the person accused may be convicted and sentenced from time to time in relation to any portion of the period during which the offence continues to be committed, not being portion of such period in relation to which the person accused has been previously convicted and sentenced for the offence."
        (Art. 25)

        "Subject as hereinafter in this Act, or in any regulation or order made hereunder, provided, any person who is guilty of an offence under this Act or any regulation or order made hereunder for which no express penalty is provided by this Act or any regulation or order made hereunder, is liable to a fine of one thousand dollars and, if the contravention of which he was so convicted is continued after the conviction, he is (subject to the provisions of section 27) guilty of a further offence and liable in respect thereof to a fine of two hundred dollars for each day on which the contravention was so continued."
        (Art. 26)

        "Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified. Where such an order is made, the 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 enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, is guilty of an offence and liable to a fine of two hundred dollars for each day on which the non-compliance continues."
        (Art. 27)

        • Factories Act Chapter 335 (Arts. 24-27)

      • 11.4.3 Non-financial sanctions

        Summary / Citation: "Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified. Where such an order is made, the 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 enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, is guilty of an offence and liable to a fine of two hundred dollars for each day on which the non-compliance continues."

        • Factories Act Chapter 335 (Art. 27)

      • 11.4.4 Criminal liability

        No data available.

      • 11.4.5 Terms of imprisonment for natural persons

        No data available.

References

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