OSH ACT

THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2004

Arrangement of Sections

PART IPRELIMINARY

Section

1. Short title

2. Commencement

3. Act inconsistent with the Constitution

4. Interpretation

5. General application of Act

PART IIGENERAL DUTIES

6. General duties of employers to their employees

7. General duties of employers and self-employed persons topersons other than their employees

8. General duties of occupiers

9. General duty of occupier to protect safety and health of public

10. General duties of employees at work

11. Duty not to interfere with or misuse things providedpursuant to Act

12. Certain charges prohibited

13. General duties of manufacturers and suppliers

PART IIIRIGHTS OF EMPLOYEES TO REFUSE WORK WHERE SAFETY OR

HEALTH IN DANGER

14. Application of part

15. Refusal to work

16. Report of refusal

17. Refusal to work following investigation

18. Investigation by inspector

19. Employee to be available

20. Duty to advise other employees

20A. No discipline, dismissal, reprisal by employer

21. Entitlement to be paid

PART IV

SAFETY

22. Employment of young persons on dangerous machines23. Protective clothing and devices24. Removal of dust and fumes25. Dangerous fumes and lack of oxygen in confined spaces25A. Effective safeguarding of machinery25B. Prime movers25C. Transmission machinery25D. Other machinery25E. Establishment of safety and health25F. Functions of safety and health committee25G. Risk assessment25H. Construction and maintenance of fencing25I. Construction and sale of new machinery25J. Cleaning of machinery in motion25K. Health surveillance

PART V

FIRE

26. Means of escape in case of fire27. Safety provisions in case of fire28. Instructions as to use of means of escape in case of fire29. Provision for adequate fire-fighting equipment30. Power of Chief Inspector to conduct court proceedings30A. Compliance with provisions

PART VI

HEALTH

31. Cleanliness32. Respiratory protection33. Lighting34. Noise and vibration35. Overcrowding36. Ventilation37. Medical examination of persons employed in industrial

establishments38. Power to require medical supervision

ii

PART VII

WELFARE

39. Drinking water

40. Washing facilities

41. Sanitary

42. Accommodation for clothing43. First aid appliances44. Canteens45. Restrooms and lunchrooms45A. Application of the Part45B. Compliance with provisions

PART VIIINOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL

DISEASES

46. Notification of accidents47. Preservation of scene48. Notification of occupational diseases49. Autopsy in cases of death by accident or occupational disease50. Inquest in the case of death by accident or occupational

disease51. Enquiry into accidents and cases of occupational disease52. Medical inspector to investigate and report

PART IXEMPLOYMENT OF YOUNG PERSONS

53. Young persons to have certificate of fitness 54. Hours of employment for young persons 55. Duty to maintain register56. Power to require medical examination

PART XSPECIAL APPLICATION AND EXTENSION

57. Provision re: lease of part of premises as a separate industrialestablishment

58. Application of Act to institutions

iii

PART XI

SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING

OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

59. Construction and alteration of factories60. Notice of occupation of factory and use of mechanical power61. Postings62. Periodical returns of factory employees63. Building operations and works of engineering construction

PART XII

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

64. Establishment of the Authority

65. Composition of the Authority

66. Functions of the Authority

67. Approval of codes of practice

68. Use of approved codes of practice in criminal proceedings

PART XIII

ADMINISTRATION

69. Establishment of the Agency

69A. Transfers

70. Duties of Chief Inspector

71. Inspectors and medical inspector

72. Powers of inspectors

73. Power to take samples

74. Power of inspectors re: dangerous conditions and practices

75. Preservation of registers and records

76. Protection against victimization of employees

77. Source of complaints not to be divulged

77A. Redress

78. Penalty for unlawful disclosures

79. Inspector to produce certificate of appointment

80. Power of inspectors to conduct court proceedings

81. Inspector not liable

82. “Inspector” defined

iv

PART XIV

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

82A. Onus of proving limits of what is practicable, etc.

83. Criminal and other remedies

83A. Redress

84. Power of Court to order remedy

85. Penalty where none is expressly provided

86. Fines in case of death or injury

87. Fine for offences by parent

88. Forgery of certificates, false entries and false declarations

89. Provision for employer, occupier or owner to exempt himselffrom liability

90. Proceedings against persons other than employers, occupiersor owners

91. Procedure for prosecution

92. Appeal from orders of court

93. Limitation of time for prosecution

94. Special provisions as to evidence

95. Serving and sending of documents

96. Power of Court to modify agreements

97. Power of Court to apportion expenses

97A. Determination of safety and health offences

97B. Time limit

PART XV

MISCELLANEOUS

98. Ordinance and Acts repealed

99. Power to make regulations

100. Power of Minister to make certain Orders

SCHEDULE 1

LIST OF OCCUPATIONAL DISEASES

SCHEDULE 2

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY RULES

v

AN ACT respecting the safety, health and welfare ofpersons at work

[Assented to 30th January, 2004]

WHEREAS it is enacted inter alia, by subsection (1) ofsection 13 of the Constitution that an Act to which thatsection applies may expressly declare that it shall have

Preamble

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 43,No. 20, 5th February, 2004

Second Session Eighth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 1 of 2004

[L.S.]

effect even though inconsistent with sections 4 and 5 ofthe Constitution and, if any such Act does so declare, itshall have effect accordingly:

And whereas it is provided by subsection (2) of thesaid section 13 of the Constitution that an Act to whichthis section applies is one the Bill for which has beenpassed by both Houses of Parliament and at the finalvote thereon in each House has been supported by thevotes of not less than three-fifths of all the members ofthat House:

And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution:

ENACTED by the Parliament of Trinidad and Tobago asfollows:

PART I

PRELIMINARY

1. This Act may be cited as The Occupational Safetyand Health Act, 2004.

2. This Act shall come into operation on such date asthe President may appoint by Proclamation.

3. This Act shall have effect even though incon-sistent with sections 4 and 5 of the Constitution.

4. (1) In this Act, except where otherwise expresslyprovided—

“agency” means the Occupational Safety andHealth Agency established undersection 69;

“air contaminant” means airborne solid, liquid,fume or gaseous matter, radioactivefallout, odour, micro-organism or anycombination of them, in such con-centration or quantities as to impair thequality of the working environment or toexpose persons to risks to their health;

Enactment

Short title

Commencement

Act inconsistent withthe Constitution

Interpretation

2 No. 1 Occupational Safety and Health 2004

“approved standard” as the context may admit,means a national or internationalstandard so declared or adopted by theTrinidad and Tobago Bureau of Standardsunder the Standards Act, 1997;

“Authority” means the Occupational Safetyand Health Authority established undersection 64;

“bodily injury” includes injury to physical andmental health;

“building operation” means the construction,structural alteration, repair ormaintenance of a building (includingre-painting, re-decoration and externalcleaning of the structure), the demolitionof a building, and the preparation for, andlaying the foundation of, an intendedbuilding, but does not include anyoperation which is a work of engineeringconstruction within the meaning of thisAct;

“calendar year” means the period of twelvemonths beginning with 1st January in anyyear;

“Chief Inspector”, means the person appointedas such under section 70(1);

“Chief Medical Officer” means the publicofficer holding, or acting in, the office ofChief Medical Officer;

“child” means a person under the age ofeighteen years;

“clerical work” includes writing, book-keeping,filing, duplicating, machine calculating,drawing, electronic data and wordprocessing, the editorial preparation ofmatter for publication, computer data,word processing and secretarial work;

No. 1 Occupational Safety and Health 2004 3

“confined space” means a space in which,because of its construction, location orcontents, or of work activity therein, theaccumulation of a dangerous dust or fumeor the creation of oxygen deficientatmosphere may occur;

“Court”—(a) in relation to criminal

proceedings, means a court ofsummary jurisdiction; or

(b) in relation to proceedings undersection 83(A), means theIndustrial Court;

“critical injury” means an injury that—

(a) places life in jeopardy;

(b) produces unconsciousness;

(c) results in substantial loss of blood;

(d) involves the fracture of a leg orarm, but not a finger or toe;

(e) involves the amputation of a leg,arm, hand or foot, but not a fingeror toe;

(f) consists of burns to a majorportion of the body; or

(g) causes the loss of sight in an eye;

“dangerous” means likely to create risk tosafety or health or cause bodily injury;

“employee” means any person who has enteredinto or works under a contract with anemployer to do any skilled, unskilled,manual, clerical or other work for hire orreward, whether the contract is expressed


or implied, oral or in writing or partly oraland partly in writing, and includes publicofficers, the protective services andteachers;

“employer” means a person who employspersons for the purpose of carrying outany trade, business, profession, office,vocation or apprenticeship;

“factory” means premises in which, or withinthe curtilage or precincts of which, personsare employed, by way of trade, or intendedtrade, or for purposes of gain, in orincidental to any process, including—

(a) the making, demolishing, altering,repairing, warehousing, ornament-ing, furnishing, distributing,cleaning, washing, breaking up oradapting for sale, of any article orproduct, or the filling ofcontainers;

(b) the slaughtering of animals orpoultry;

(c) the production of cinematographfilms or other audio-visualmaterial;

(d) the storing of gas;(e) the transforming or converting of

materials or chemicals;(f) the supplying and maintaining of

services in connection with waterand sewerage; and

(g) the testing or analysing of anysubstance,

and premises shall not be excluded fromthis definition by reason only that they areopen air premises;


“fire authority” means the public officerholding, or acting in, the office of ChiefFire Officer;

“fugitive emissions” means any gas, vapour orliquid which escapes unintentionally fromany part of a plant or machinery;

“hazard information” means information onthe proper and safe use, storage, transportand handling of a dangerous substanceand includes information relating to thetoxicological properties of the substanceand its chemical structure and formula;

“Industrial Court” means the court establishedunder the Industrial Relations Act;

“industrial establishment” means a factory,shop, office, place of work or otherpremises but does not include—

(a) premises occupied for residentialpurposes only; or

(b) other categories of establishmentexempted by the Minister inaccordance with this Act;

“inspector” means a person designated as suchunder section 71(1)(a);

“machinery” means a part or an assemblage ofparts, fixed or movable, by which motionor force is transmitted;

“maintained” means kept in an efficient state,in efficient working order, and in goodrepair;

“medical inspector” means a person designatedor appointed in accordance with section71(1)(b);

Chap. 88:01


“medical practitioner” means a personregistered under the Medical Board Act;

“Minister” means the Minister to whomresponsibility for the administration ofoccupational safety and health is assigned;

“municipal corporation” means a municipalcorporation continued or establishedunder sections 3 and 4 of the MunicipalCorporations Act, 1990;

“occupational disease” means a disease listedin Schedule 1;

“occupier” means the person who has theultimate control over the affairs of anindustrial establishment;

“owner” means the person for the time beingreceiving the rack-rent of the premises inconnection with which the word is used,whether on his own account or as agent ortrustee for any other person, or who wouldso receive the rack-rent if the premiseswere let at a rack-rent;

“parent” includes a guardian or person havingthe legal custody of, or the control over, achild or young person;

“period of employment” means the workinghours of an employee, inclusive of the timeallowed for meals and rest;

“plant” includes equipment or appliance;

“premises” includes any place, and, inparticular—

(a) any vehicle, vessel, aircraft orhovercraft;

(b) any subterranean installation orinstallation on land, including theforeshore and other landintermittently covered by water;

Chap. 29:50

Act No. 21 of 1990

Schedule 1


(c) any offshore installation and anyother installation, whetherfloating or resting on the seabed orthe subsoil thereof or resting onother land covered with water orthe subsoil thereof; and

(d) any tent or movable structure;

“prime mover” means an engine, motor orother appliance which providesmechanical energy derived from steam,water, wind, electricity, the combustion offuel or other source;

“process” means a treatment applied to asubstance or material to produce thedesired result;

“public emergency” means the publicemergency declared by Proclamation bythe President under section 8 of theConstitution;

“safety and health committee” means acommittee to be established pursuant tosection 25E;

“sanitary conveniences” includes urinals,water-closets, latrines and other lavatoriesand such other conveniences necessary forthe personal hygiene of an employee;

“self-employed person” means an individualwho works for gain or reward otherwisethan under a contract of employment,whether or not he himself employs others;

“ship” includes any description of vessel usedin aquatic navigation but not propelled byoars;


“shop” means a building, booth, stall or placewhere goods are handled or exposed forsale, or where services are offered for sale,and includes a hotel, restaurant, pub, andrecreational facility;

“toxic substance” means any disinfectant, andany other substance known to bepoisonous, corrosive, irritating, sensitizingor harmful to man or animal that is usedin agriculture, the arts, commerce orindustry, or for any domestic or otherpurpose but does not include an antiseptic,drug or preservative;

“woman” means a female person who hasattained the age of eighteen years;

“work of engineering construction” means theconstruction, structural alteration orrepair (including re-pointing and re-painting) or the demolition of any dock,harbour, inland navigation, tunnel, bridge,viaduct, waterworks, reservoir, pipe-line,aqueduct, sewer, sewerage works,gasholder, oil tank or road and includesany other works prescribed by theMinister;

“workroom” means a room in which anemployee is required to work;

“young person” means a child over the age offourteen years and under the age ofeighteen years.

(2) A railway line or siding which is used inconnection with and for the purpose of a factory shallbe deemed to be part of the factory, but if such line orsiding is used in connection with more than one factorybelonging to different occupiers, the line or siding shallbe deemed to be a separate factory.


(3) A workplace in which, with the permission ofor under agreement with the owner or occupier, two ormore persons carry on work, which would constitutethe workplace a factory, if the persons working thereinwere in the employment of the owner or occupier, shallbe deemed to be a factory for the purposes of this Act,and the provisions of this Act shall apply as if theowner or occupier of the workplace were the occupier ofthe factory and the persons working therein werepersons employed in the factory.

(4) Premises shall not be excluded from thedefinition of an industrial establishment by reason onlythat they are open-air premises.

(5) Where the Minister by Order so directs, asrespects all or any of the purposes of this Act, two ormore industrial establishments shall be deemed to be asingle industrial establishment.

(6) Where the Minister on the advice of the ChiefInspector on the basis of prescribed criteria so directs,as respects all or any of the purposes of this Act,different branches or departments of work carried on inthe same industrial establishment shall be deemed tobe separate industrial establishments.

(7) Premises belonging to or in the occupation ofthe State shall not be excluded from the definition of anindustrial establishment.

(8) For the purposes of this Act, machinery orplant shall be deemed to have been constructed orreconstructed before the commencement of this Act andan industrial establishment or building shall bedeemed to have been constructed, reconstructed,extended, added to or converted for use as an industrialestablishment, before the commencement of this Act or


the coming into operation of any of the provisions ofthis Act, if the construction, reconstruction, extension,addition, or conversion was begun before the passing ofthis Act or the coming into operation of any of theprovisions of this Act, as the case may be.

(9) A person who works in an industrialestablishment, whether employed by the occupier ornot, either in a process or in cleaning a part of theindustrial establishment used for a process, or incleaning or oiling the machinery or plant, or in anyother kind of work whatsoever incidental to orconnected with the process, or connected with thearticle made or otherwise the subject of the processtherein, shall except as is otherwise provided by thisAct, be deemed to be employed therein for the purposesof this Act.

(10) A young person who works in an industrialestablishment, whether for remuneration or not, incollecting, carrying or delivering goods, carryingmessages or running errands, shall be deemed to beemployed in the industrial establishment for thepurposes of this Act.

(11) Except where otherwise expressly provided,the provisions of this Act shall be in addition to and notin substitution for or in diminution of the provisions ofany other written law.

5. (1) Except as in this Act otherwise expresslyprovided, this Act shall apply only to industrialestablishments.

(2) This Act shall apply to industrial establish-ments belonging to or occupied by the State but in caseof any public emergency the Minister may, by Order, forthe duration of the period specified in the Order,exempt from this Act any industrial establishment—

(a) belonging to or occupied by the State;

General applicationof Act


(b) in which work is being carried out onbehalf of the State; or

(c) whose activities are vital to the nationalwelfare.

(3) Where any of the rights of an employeeestablished by any other Act, collective agreement,contract of employment, custom or practice are morefavourable than this Act requires, the provisions soestablished prevail over this Act.

(4) This Act binds the State.

PART IIGENERAL DUTIES

6. (1) It shall be the duty of every employer toensure, so far as is reasonably practicable, the safety,health and welfare at work of all his employees.

(2) Without prejudice to the generality of anemployer’s duty under subsection (1), the matters towhich that duty extends include in particular—

(a) the provision and maintenance of plant andsystems of work that are, so far as isreasonably practicable, safe and withoutrisks to health;

(b) arrangements for ensuring, so far as isreasonably practicable, safety and absenceof risks to health in connection with theuse, handling, storage and transport ofequipment, machinery, articles andsubstances;

(c) the provision of adequate and suitableprotective clothing or devices of anapproved standard to employees who in thecourse of employment are likely to beexposed to the risk of head, eye, ear, hand

General duties ofemployers to theiremployees


or foot injury, injury from air contaminantor any other bodily injury and the provisionof adequate instructions in the use of suchprotective clothing or devices;

(d) the provisions of such information,instruction, training and supervision as isnecessary to ensure, so far as is reasonablypracticable, the safety and health at workof his employees;

(e) so far as is reasonably practicable asregards any place of work under theemployer’s control, the maintenance of it ina condition that is safe and without risks tohealth and the provision and maintenanceof means of access to and egress from itthat are safe and without such risks;

(f) the provision and maintenance of aworking environment for his employeesthat is, so far as is reasonably practicable,safe, without risks to health, and adequateas regards amenities and arrangements fortheir welfare at work; and

(g) compliance with sections 7, 12, 37, 46, 75and 76, Parts III and IX and such otherduties as may be imposed on him byregulations made under this Act.

(3) An employer shall— (a) ensure that all hazardous chemicals

present in the industrial establishment arelabelled in a way easily understandable tothe employees, or are identified in theprescribed manner;

(b) obtain or prepare, as may be prescribed, anunexpired chemical safety data sheet forall hazardous chemicals present in theworkplace;


(c) ensure that the identification required byparagraph (a) and chemical safety datasheets required by paragraph (b) areavailable in English and such otherlanguages as may be prescribed;

(d) ensure that when hazardous chemicals aretransferred into other containers orequipment, the contents are indicated in amanner which will make known toemployees, their identity, any hazardsassociated with their use, and any safetyprecautions to be observed; and

(e) ensure that information is provided on thehandling and disposal of hazardouschemicals which are no longer required andcontainers which have been emptied butwhich may contain residues of hazardouschemicals, so that the risk to safety andhealth and to the environment iseliminated or minimized.

(4) An employer shall ensure that a hazardouschemical is not used, handled or stored in theindustrial establishment unless the prescribedrequirements concerning identification, chemical safetydata sheets and worker instruction and training aremet.

(5) An employer shall advise the Chief Inspectorin writing if the employer, after making reasonableefforts, is unable to obtain a label or chemical safetydata sheet required by subsection (3).

(6) A copy of the most recent version of theinventory and of every unexpired chemical safety datasheet required by this Part in respect of hazardouschemicals in a workplace shall be—

(a) made available by the employer in such amanner as to allow examination by theemployees;


(b) furnished by the employer to arepresentative of health and safetycommittee, if any, or to an employeeselected by the employees to representthem, if there is no such committee or ifthere is no trade union, an employeeselected by the employees to representthem;

(c) filed by the employer with the ChiefInspector on request or if so prescribed.

(6A) No person shall remove or deface theidentification referred to in subsection (3)(a), for ahazardous chemical.

(7) An employer of an industrial establishment oftwenty-five or more employees, shall prepare or revise,in consultation with the representatives of hisemployees, a written statement of his general policywith respect to the safety and health of personsemployed in the industrial establishment, specifying theorganization and arrangements for the time being inforce for carrying out that policy and the requirementsof subsections (1) to (6A), and the employer shall submitthe statement and any revision thereof to the ChiefInspector and bring them to the notice of all personsemployed in the industrial establishment.

(7A) The Chief Inspector may, having regard to thestatement submitted under subsection (7) direct theemployer to appoint at his own expense, a safetypractitioner who shall assist in ensuring that the policyand the provisions specified in section 6 are compliedwith.

(8) The Chief Inspector may direct an employer offewer than twenty-five persons to effect under hissupervision, a preparation or revision of the typereferred to in subsection (7).


(9) An employer shall, after being notified by afemale employee that she is pregnant and uponproduction of a medical certificate to that effect, adaptthe working conditions of the female employee toensure that she is not—

(a) involved in the use of, or exposed to,chemicals, substances or anythingdangerous to the health of the unbornchild; or

(b) subjected to working conditions dangerousto the health of the unborn child,

and where appropriate, the employer may assignalternative work, where available, to her withoutprejudice to her right to return to her previous job.

(10) Where a female employee who has notified heremployer of her pregnancy under section 6(6) is nolonger pregnant she shall immediately upon discoveryof this fact notify her employer and shall produce amedical certificate to that effect.

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

(12) Notwithstanding any other law, during anemployee’s pregnancy, and for a period of six monthsafter birth of her child, her employer shall offer hersuitable, alternative employment on terms andconditions that are no less favourable than herordinary terms and conditions of work, where theemployee is required to perform work that poses adanger to her safety or health or that of her child,unless there is no other available suitable alternativeemployment or that in doing so the employer will incurcosts greater than ordinary administrative costs.

(13) An employee may challenge a decision of theemployer in accordance with section 83(A).


7. (1) It shall be the duty of every employer toconduct his undertaking in such a way as to ensure, sofar as is reasonably practicable, that persons not in hisemployment, who may be affected thereby are notthereby exposed to risks to their safety or health.

(2) It shall be the duty of every self-employedperson to conduct his undertaking in such a way as toensure, so far as is reasonably practicable, that he andother persons, not being his employees, who may beaffected by his actions are not thereby exposed to risksto their safety or health.

(3) In such cases as may be prescribed, it shall bethe duty of every employer and every self-employedperson, in the prescribed circumstances and in theprescribed manner, to give to persons, not being hisemployees, who may be affected by the way in which heconducts his undertaking, the prescribed informationabout such aspects of the way in which he conducts hisundertaking as might affect their safety or health.

8. (1) Subject to Part X and except as otherwiseexpressly provided, it shall be the duty of everyoccupier of an industrial establishment to ensure thatthe following provisions are complied with:

(a) Parts IV to VII; (b) section 62; (c) Part XI; and (d) such other provisions of this Act or such

regulations as imposed duties on him.

(2) An occupier of an industrial establishmentemploying twenty-five or more persons shall prepare orrevise, in consultation with worker representatives inthe industrial establishment—

(a) a written statement of his general policywith respect to the safety and health ofpersons employed in the industrial

General duties ofemployers and self-employed persons topersons other thantheir employees

General duties ofoccupiers


establishment, specifying the organizationand arrangements for the time being inforce for carrying out that policy and theprovisions specified in subsection (1); and

(b) an emergency plan in writing based on arisk assessment made in accordance withsection 25H which shall include—

(i) suitable and rapid means ofobtaining first aid help andtransportation from the industrialestablishment to a hospital forinjured workers; and

(ii) measures and procedures to beused to control a major fire, toreact to serious damage to theindustrial establishment, toevacuate the industrial establish-ment and to notify rescuepersonnel,

and the occupier shall submit the statement or theemergency plan, as the case may be, and any revisionthereof to the Chief Inspector and bring them to thenotice of all persons employed in the industrialestablishment.

(3) The Chief Inspector may, having regard to thestatement or the emergency plan submitted undersubsection (2), direct the occupier to appoint at his ownexpense, a Safety Practitioner who shall assist inensuring that the policy and the provisions specified insubsection (1) or the requirements of the emergencyplan, as the case may be, are complied with.

(4) An occupier shall ensure, as far as isreasonably practicable, that no unsafe structure existsin the industrial establishment that is likely to exposepersons to risks to bodily injury.


9. (1) The occupier of every industrial establishmentshall—

(a) be under a duty to take steps within thestandards established by theEnvironmental Management Authority, toprotect the safety and health of the publicin the vicinity of his industrialestablishment from dangers created by theoperation or processes carried on therein;and

(b) take special care to ensure that plant andequipment used therein are of suchintegrity and that such adequate safetysystems exist as to prevent the occurrenceof fugitive emissions not conforming withan approved standard.

(2) Where the Chief Inspector is of the view thatthe steps taken under subsection (1) are inadequate, hemay—

(a) issue directions in writing to the occupierspecifying the measures to be taken in anindustrial establishment or in its vicinityto prevent injury to the public and theperiod within which those measures are tobe taken; and

(b) advise the environmental managementauthority, in writing, of the instructionsreferred to in paragraph (a).

(3) Directions under subsection (2) may include arequirement—

(a) to obtain and implement advice fromcompetent specialists or expertconsultants;

General duty ofoccupier to protectsafety and health ofpublic


(b) to implement measures to abate nuisancesarising from the operations carried on inindustrial establishments; or

(c) to implement measures to prevent theoccurrence of fugitive emissions.

(4) An occupier who fails to comply with directionsissued under subsection (2) commits an offence.

10. (1) It shall be the duty of every employee whileat work—

(a) to take reasonable care for the safety andhealth of himself and of other persons whomay be affected by his acts or omissions atwork;

(b) as regards any duty or requirementimposed on his employer to co-operate withhim so far as necessary to ensure that thatduty or requirement is performed orcomplied with;

(c) to report to his employer, anycontravention under this Act or anyregulations made thereunder, the existenceof which he knows; and

(d) to use correctly the personal protectionclothing or devices provided for his use.

(1A) A person who refuses to comply withsubsection (1) commits a safety and health offence andis subject to the jurisdiction of the Industrial Court.

(2) An employee who wilfully and withoutreasonable cause does anything which results in thedeath or critical injury to another person at work,commits an offence and is liable to a fine of tenthousand dollars.

(3) An employer may discipline, in the customarymanner, an employee who breaks the safety provisionsof this Act.

General duties ofemployees at work


11. (1) No person shall wilfully or recklesslyinterfere with or misuse any means, appliance,convenience or other thing provided in the interests ofsafety, health or welfare in pursuance of this Act.

(2) A person who contravenes subsection (1)commits an offence and is liable, on summaryconviction to a fine of one thousand dollars and toimprisonment for three months.

12. (1) No employer shall levy or permit to be leviedon any employee of his in respect of anything done orprovided in pursuance of any specific requirement ofthis Act, except in respect of—

(a) foodstuffs and other items served in acanteen;

(b) things lost or damaged wilfully or throughthe negligence of the employee; and

(c) protective clothing and devices where theemployee is employed for one month or less.

(2) Amount levied under subsection (1)(c), shallnot be in excess of one-half of the value of the protectiveclothing or devices.

13. (1) A person who designs, manufactures, imports orsupplies any technology, machinery, plant, equipment ormaterial for use in any industrial establishment shall—

(a) ensure, so far as is reasonably practicable,that the technology, machinery, plant,equipment or material is safe and withoutrisks to health when properly used;

(b) take such steps as are necessary to ensurethat there will be available in connectionwith the use of technology, machinery,plant, equipment or material, adequateinformation about the use for which it wasdesigned and tested and about anyconditions necessary to ensure that it willbe safe and without risks to health or theenvironment when properly used.

General duties ofmanufacturers andsuppliers

Certain chargesprohibited

Duty not to interferewith or misusethings providedpursuant to Act


(2) A person who undertakes the design ormanufacture of any technology, machinery, plant,equipment or material shall carry out or arrange forthe carrying out of any necessary research with a viewto the discovery and, so far as is reasonably practicable,the elimination or minimization of any risks to safetyor health to which the machinery, plant, equipment ormaterial may give rise.

(3) It shall be the duty of any person who erects orinstalls any machinery, plant, equipment or componentthereof, in any premises when that article is to be usedby persons at work to ensure, as far as is reasonablypracticable, that nothing about the way in which it iserected or installed makes it unsafe or exposes personsto risks to their safety or health when properly used.

(4) Nothing in the preceding provisions of thissection shall be taken to require a person to repeat anytesting, examination or research which has beencarried out otherwise than by him or at his instance, inso far as it is reasonable for him to rely on the resultsthereof for the purpose of those provisions.

(5) Any duty imposed on any person by any of thepreceding provisions of this section shall extend only tothings done in the course of a trade, business or otherundertakings carried out by him (whether for profit ornot) and to matters within his control.

(6) Where a person designs, manufactures,imports or supplies any technology, machinery, plant,equipment or material for, from or to another on thebasis of a written undertaking by that other to takespecified steps sufficient to ensure, so far as isreasonably practicable, that the article will be safe andwithout risks to health when properly used, theundertaking shall have the effect of relieving the first-mentioned person from the duty imposed by subsection(1) to such extent as is reasonable having regard to theterms of the undertaking.


(7) Where a person (“the ostensible supplier”)supplies any technology, machinery, plant, equipmentor material to another (“the customer”) under a hire-purchase agreement, conditional sale agreement orcredit-sale agreement, and the ostensible supplier—

(a) carries on the business of financing theacquisition of goods by others by means ofsuch agreements; and

(b) in the course of that business acquired hisinterest in the machinery supplied to thecustomer as a means of financing itsacquisition by the customer from a thirdperson (“the effective supplier”),

the effective supplier and not the ostensible suppliershall be treated for the purpose of this section assupplying the technology, machinery, plant, equipmentor material to the customer, and any duty imposed bythe preceding provisions of this section on suppliersshall accordingly fall on the effective supplier and noton the ostensible supplier.

(8) For the purpose of this section, technology,machinery, plant or material is not to be regarded asproperly used where it is used without regard to anyrelevant information or advice relating to its use whichhas been made available by a person by whom it wasdesigned, manufactured, imported or supplied.

(9) A person who sells or lets on hire, or as agentof the seller or hirer causes or procures to be sold or letor hire, for use in an industrial establishment, anytechnology, machinery, plant or material which does notcomply with the requirements of this section, commitsan offence and is liable on summary conviction to a fineof ten thousand dollars.


PART IIIRIGHTS OF EMPLOYEES TO REFUSE WORK WHERE

SAFETY OR HEALTH IN DANGER

14. (1) This Part does not apply with respect to anemployee described in subsection (2)—

(a) when a circumstance described insection 15(a), (b), (c) or (d), is inherent inthe employee’s work or is a normalcondition of the worker’s employment; or

(b) when the employee’s refusal to work woulddirectly endanger the life, safety or healthof another person.

(2) The employee referred to in subsection (1)is—

(a) a member of the Defence Force, PoliceService, Fire Service or Prison Service;

(b) a person employed in the operation of— (i) a hospital, clinic, health centre,

nursing home, psychiatricinstitution, home for the aged,rehabilitation centre or otherestablishment;

(ii) a laboratory; (iii) a power plant or technical service

or facility used in conjunctionwith an institution, facility orservice described in subpara-graph (i) or (ii).

(3) Nothing in this Part shall be construed asrelieving an employee referred to in section 14(2) fromhis duty referred to in section 10(1)(c).

(4) An employer who receives a report pursuantto section 10(1)(c), shall forthwith take steps to complywith section 6(1) and report to the Chief Inspector theexistence of the danger and any steps that he has takenor intends to take to remove the danger.

Application of Part


15. An employee may refuse to work or do particularwork where he has reason to believe that—

(a) there is serious and imminent danger tohimself or others or unusual circumstanceshave arisen which are hazardous orinjurious to health or life;

(b) any machine, plant, device or thing he is touse or operate is likely to endanger himselfor another employee;

(c) the physical condition of the workplace orthe part thereof in which he works or is towork is likely to endanger himself;

(d) any machine, plant, device or thing he is touse or operate or the physical condition ofthe workplace or part thereof in which heworks or is to work is in contravention ofthis Act or the Regulations made under itand such contravention is likely toendanger himself or another employee.

16. (1) Upon refusing to work or do particular workthe employee shall promptly report the circumstancesof the intended refusal to the employer or hisrepresentative and a representative of the safety andhealth committee.

(2) The employer shall cause the safety andhealth committee to forthwith investigate the report inthe presence of the employee and in the presence of—

(a) a person who because of knowledge,experience and training is selected by thetrade union that represents the employee;

(b) an employee selected by the employees torepresent them, where there is no tradeunion; or

(c) the employer or his representative, who shall be made available by his employer and shallattend without delay.

Refusal to work

Report of refusal


(3) where there is no safety and healthcommittee the employee, upon refusing to work or doparticular work, shall report the circumstance of theintended refusal to the employer or his representativeand the Chief Inspector who shall deal with it inaccordance with section 18.

17. Where, following the investigation or any stepstaken to deal with the circumstances that caused theemployee to refuse to work or do particular work it is,pursuant to section 16, found that the employee hasreasonable grounds to believe anything mentioned insection 15, the employee may refuse to work or to dothe particular work and the employer or the employeeor a person on behalf of the employer or employee shallcause an inspector to be notified thereof.

18. (1) An inspector shall, within twenty-four hoursfrom the time of the refusal to work, investigate therefusal in the presence of the employer or hisrepresentative, the employee and the person mentionedin section 16(1)(a), (b) or (c).

(2) The inspector shall, following the investi-gation, decide whether the machine, plant, equipment,device or thing or the workplace or part thereof is likelyto endanger the employee or another person and shallgive his decision in writing within seventy-two hours tothe employer, the employee and the person mentionedin section 16(a) or (b) and the decision of the inspectorshall be complied with unless the Chief Inspectordecides otherwise.

(3) A person who is aggrieved by the decision ofthe inspector may apply to the Chief Inspector toreview the decision of the inspector.

(4) A person who is aggrieved by a decision ofthe Chief Inspector may seek redress under section 83A.

Refusal to workfollowinginvestigation

Investigation byinspector


(5) A person who fails to comply with thedecision of an inspector in accordance with subsection(2) or the decision of the Chief Inspector pursuant tosubsection (2) commits an offence.

19. (1) Pending and during an investigation, orpending the making of a decision, under this Part, theemployee shall, during normal working hours, be in asafe place in the industrial establishment and makehimself or, as the case may require, be made availableto assist, if necessary, in the carrying out of theinvestigation.

(2) Subject to subsection (1) and section 16 andthe provisions of any collective agreement, theemployer may—

(a) assign the employee reasonable alternativework during his normal hours; or

(b) subject to section 76, where assignment ofreasonable alternative work in notpracticable, give other directions to theworker.

20. (1) Pending the investigation and decision of theChief Inspector, no employee shall be assigned to use oroperate the equipment, machine, device or article or towork in the industrial establishment or in the part ofthe industrial establishment being investigated as longas there is continuing imminent and serious danger tothe life or health of any employee or person and untilafter the employer or his representative has takenremedial action, if necessary, to deal with thecircumstances that caused the employee to refuse to doparticular work.

(2) The employee who refuses to work undersection 15, shall be deemed to be at work and hisemployer shall pay him at the regular or premium rate,as may be proper for the time extending from the time

Employee to beavailable

Employee deemedto be at work


when the worker started to refuse to work undersection 15 to the time when the Inspector or the ChiefInspector has decided under section 18 that theequipment, machine, device, article or the industrialestablishment or part thereof presents an imminentand serious danger to the life or health of the employeeor any person.

20A. No employer or person acting on behalf of anemployer shall—

(a) dismiss or threaten to dismiss a worker;(b) discipline or suspend or threaten to

discipline or suspend a worker;(c) impose any penalty upon a worker, or

intimidate or coerce a worker,because the worker has acted in compliance with thisAct or the Regulations or an order made thereunder,has sought the enforcement of this Act or theregulations, has observed the procedures established bythe employer or has given evidence in a proceeding inrespect of the enforcement of this Act or theRegulations.

21. Pending and during an investigation under thisPart, the employee and the person mentioned insection 16(a) or (b) shall be deemed to be at work andhis employer shall pay him at the usual rate.

PART IVSAFETY

22. (1) In every industrial establishment, no youngperson shall work at a machine to which this sectionapplies, unless he has been fully instructed as to thedangers arising in connection with its operation, andthe precautions to be observed, and—

(a) has received sufficient training in work atthe machine; or

(b) is under adequate supervision by a personwho has special knowledge and experiencein the operation of the machine.

No discipline,dismissal, reprisal by employer

Entitlement to bepaid

Employment ofyoung persons ondangerous machines


(2) This section applies to such machines as maybe prescribed, being machines which are of such adangerous character that a young person ought not towork at them unless the requirements of subsection (1)are complied with.

23. (1) All persons entering an area in an industrialestablishment where they are likely to be exposed tothe risk of head, eye, ear, hand or foot injury, injuryfrom air contaminant or any other bodily injury, shallbe provided with suitable protective clothing or devicesof an approved standard and adequate instructions inthe use of such protective clothing or devices, and noperson shall be permitted to be in any such area unlesshe is wearing such protective clothing or device.

(2) In every area where protective clothing ordevices are required to be worn under subsection (1), anotice to that effect shall be conspicuously displayed.

24. (1) Where, in connection with the carrying on ofa process, there is given off dust or fumes or otherimpurity of such a character and to such an extent as tobe likely to be injurious or offensive to employees in anindustrial establishment, all practicable measures shallbe taken by the occupier to protect the employeesagainst inhalation of the dust or fumes or otherimpurity and to prevent its accumulation in anyworkroom, and where the nature of the process makesit practicable, exhaust appliances shall be provided andmaintained as near as possible to the point of origin ofthe dust or fumes or other impurity, so as to preventcontamination of the air of the workroom.

(2) Where steam is discharged into a room wherepersons are normally required to work, effective stepsshall be taken to dissipate the steam from that room.

25. (1) The requirements of sections 25(2) to 25(8)apply, with all necessary modifications, to any confinedspace while an employee is in that space.

Removal of dust andfumes

Dangerous fumesand lack of oxygen inconfined spaces

Protective clothingand devices


(2) Subject to section 25(4), a confined spaceshall be entered only where—

(a) there is an easy egress from all accessibleparts of the confined space;

(b) mechanical equipment in the confinedspace is—

(i) disconnected from its powersource; and

(ii) locked out; (c) all pipes and other supply lines whose

contents are likely to create a hazard areblanked off; and

(d) the confined space is tested and evaluatedby a competent person who—

(i) records the results of each test ina permanent record; and

(ii) certifies in writing in thepermanent record that theconfined space—

(A) is free from hazard; and(B) will remain free from

hazard while any workeris in the confined spacehaving regard to thenature and duration of thework to be performed.

(3) Subject to section 25(4) a confined space inwhich there exists or is likely to exist a hazardous gas,vapour, dust or fume or an oxygen content of less thaneighteen per cent or more than twenty-three per cent atatmospheric pressure, shall be entered only when—

(a) the requirements of section 25(2) arecomplied with;

(b) the space is purged and ventilated toprovide a safe atmosphere;


(c) the measures necessary to maintain a safeatmosphere have been taken;

(d) another worker with appropriate rescueequipment is stationed outside the confinedspace;

(e) suitable arrangements have been made toremove the worker from the confined spaceshould the worker require assistance; and

(f) a person adequately trained in artificialrespiration is conveniently available.

(4) A confined space in which there exists or islikely to exist, a hazardous gas, vapour, dust or fume oran oxygen content of less than eighteen per cent ormore than twenty-three per cent at atmosphericpressure, and cannot be purged and ventilated toprovide and maintain a safe atmosphere shall beentered only when—

(a) all the requirements of section 25(2) exceptsubparagraph (d)(ii) are complied with;

(b) the employee entering is using a suitablebreathing apparatus and a safety harnessor other similar equipment to which issecurely attached a rope, the free end ofwhich is attached to rescue equipmentoperated by an employee equipped with analarm, who is keeping watch outside theconfined space;

(c) the employee entering is using such otherequipment as is necessary to ensure theemployee’s safety;

(d) the safety harness, rope and otherequipment referred to in paragraph (b)have been inspected by a competent personand are in good working order; and

(e) a person adequately trained in artificialrespiration is conveniently available.


(5) Subject to paragraph (b) where the gas orvapour in a confined space is or is likely to be explosiveor flammable, the confined space shall be entered onlywhere—

(a) the concentration of the gas or vapour doesnot or is not likely to exceed fifty per centof the lower explosive limit of the gas orvapour; and

(b) the only work to be performed is that ofcleaning or inspecting and of such a naturethat it does not create any source ofignition.

(6) Cold work may be performed in a confinedspace that contains or is likely to contain an explosiveor flammable gas or vapour where the concentrationdoes not, and is not likely to exceed ten per cent of thelower explosive limit of the gas or vapour.

(7) For the purposes of this section— (a) “competent person” means a person,

whether employed by the occupier or not,who has adequate knowledge of andexperience in dealing with dangerousfumes, and who is certified by the ChiefInspector, to perform examinations andissue certificates under this section; and

(b) “fumes” includes gas or vapour.

(8) The Minister may make Regulations toprovide for the process of certification of competentpersons by the Chief Inspector.

(9) It shall be the duty of the occupier and in thecase of employment, the employer to ensure as far as isreasonably possible that the requirements of thissection are complied with to the satisfaction of theChief Inspector.


25A. 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 withsections 25B, 25C and 25D.

25B. (1) Every flywheel directly connected to anyprime mover and every moving part of any primemover, except such prime movers as are mentioned insubsection (3) of this section, shall be securely fenced,whether the flywheel or prime mover is situated in anengine house or other enclosure or not.

(2) The head and tail race of every water wheeland of every water turbine shall be securely fenced.

(3) Every part of electric generators, motorsand rotary converters, and every flywheel directlyconnected thereto, shall be securely fenced unless it isin such a position or of such construction as to be assafe to every person employed or working on thepremises as it would be if securely fenced.

25C. (1) Every part of the transmission machineryshall be securely fenced unless it is in such a position orof such construction as to be safe to every personemployed or working on the premises as it would be ifsecurely fenced.

(2) Efficient devices or appliances shall beprovided and maintained in every room or place wherework is carried on by which the power can promptly becut off from the transmission machinery in that roomor place.

(3) No driving belt when not in use shall beallowed to rest or ride upon a revolving shaft whichforms part of the transmission machinery.

Effectivesafeguarding ofmachinery

Prime movers

Transmissionmachinery


(4) Suitable striking gear or other efficientmechanical appliances shall be provided andmaintained and used to move driving belts to and fromfast and loose pulleys which form part of thetransmission machinery, and any such gear orappliances shall be so constructed, placed andmaintained as to prevent the driving belt from creepingback on to the fast pulley.

25D. (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 orof such construction as to be safe to every personemployed or working on the premises as it would be ifsecurely fenced, save that, in so far as the safety of adangerous part of any machinery cannot by reason ofthe nature of the operation be secured by means of afixed guard, the requirements of this section shall bedeemed to have been complied with if a device isprovided which automatically prevents the operatorfrom coming into contact with that part.

(2) Any part of a stock-bar which projects beyondthe head-stock of a lathe shall be securely fenced unlessit is in such a position as to be safe to every personemployed or working on the premises as it would be ifsecurely fenced.

25E. (1) Every employer in consultation with therepresentatives of his employees shall establish asafety and health committee at an industrialestablishment in accordance with this section where—

(a) there are twenty-five or more personsemployed at that establishment; or

(b) the Chief Inspector on the basis ofprescribed criteria, directs theestablishment of such a committee at theindustrial establishment where fewer thantwenty-five persons are employed.

Other machinery

Establishment ofsafety and healthcommittees


25F. Every safety and health committee establishedat a place of work in accordance with this Act shall—

(a) keep under review the measures taken toensure the safety and health of persons atthe place of work;

(b) investigate any matter at an industrialestablishment—

(i) which a member of the committeeor a person employed thereatconsiders is not safe or is a risk tohealth; and

(ii) which has been brought to theattention of the employer;

(c) attempt to resolve any matter referred toin paragraph (b) and, if it is unable to doso, shall request the Chief Inspector toundertake an inspection of the place ofwork for that purpose;

(d) have such other functions as may beprescribed.

25G. (1) Every employer shall make a suitable andsufficient assessment of—

(a) the risks to the safety and health of hisemployees to which they are exposed whilstthey are at work; and

(b) the risks to the safety and health ofpersons not in his employment arising outof or in connection with the conduct by himof his undertaking,

for the purpose of identifying the measures he needs totake to comply with the requirements and prohibitionsimposed upon him by or under the relevant statutoryprovisions.

(2) Any assessment such as is referred to inparagraph (1) or (2) shall be reviewed by the employerwho made it if—

(a) there is reason to suspect that it is nolonger valid; or

Functions of safetyand healthcommittee

Risk assessment


(b) there has been a significant change in thematters to which it relates,

and where as a result of any such review changes to anassessment are required, the employer or self-employedperson concerned shall make them.

(3) Where the employer employs twenty-five ormore employees, he shall record—

(a) the significant findings of the assessment;and

(b) any group of his employees identified by itas being especially at risk.

25H. All fencing or other safeguards provided inpursuance of the foregoing provisions of this Part ofthis Act of any Regulations or Orders made inpursuance thereof shall be of substantial construction,and constantly maintained and kept in position whilethe parts required to be fenced or safeguarded are inmotion or in use, except when any such parts areexposed for examination, lubrication or adjustmentwhich it is necessary to carry out while they are inmotion.

25I. (1) In the case of any machine in a factorybeing machine intended to be driven by mechanicalpower—

(a) every set-screw, bolt, nut, key or keyway,on any revolving shaft, spindle, wheel orpinion shall be so sunk, encased orotherwise effectively guarded as to preventdanger; and

(b) all spur and other toothed or frictiongearing, which does not require frequentadjustment while in motion, shall becompletely encased unless it is so situatedas to be as safe as it would be if completelyencased.

Construction andmaintenance offencing

Construction andsale of newmachinery


(2) Any person who sells or lets on hire, or asagent of the seller or hirer causes or procures to be soldor let on hire, for use in a factory in Trinidad andTobago any machine intended to be driven bymechanical power which does not comply with therequirements of this section shall be guilty of an offenceand liable to a fine of ten thousand dollars.

(3) Nothing in this section shall apply to anymachine constructed before the passing of this Act.

25J. No person shall clean any part of a prime moveror of any transmission machinery while the primemover or transmission machinery is in motion bymechanical power, and no person shall clean any partof any machine if the cleaning thereof would exposehim to risk of injury from any moving part either ofthat machine or of any adjacent machinery.

25K. (1) Every employer shall ensure that hisemployees are provided with such health surveillance asis appropriate having regard to the risks to their safetyand health which are identified by the assessment.

(2) Every employer shall keep a record of thehealth surveillance referred to in subsection (1) inaccordance with section 75.

PART V

FIRE

26. (1) This section applies only to industrialestablishments—

(a) in which the aggregate number of personsemployed in a building exceeds twenty;

(b) in which more than ten persons areemployed in the same building, above theground floor of the building; or

(c) in which explosive or highly flammablesubstances are stored or used.

Means of escape incase of fire

Cleaning ofmachinery in motion

Health surveillance


(2) Every occupier shall ensure that hisindustrial establishment is certified every twenty-fourmonths by the fire authority as being provided withsuch means of escape in the case of fire for the personsemployed therein as may reasonably be required in thecircumstances of each case and, if premises withrespect to which no such certificate is in force are usedas an industrial establishment, the occupier commitsan offence and is liable, on summary conviction, to afine of ten thousand dollars and to imprisonment for sixmonths and to a further fine of one thousand dollars foreach day on which the offence continues.

(3) It shall be the duty of the fire authority toexamine the industrial establishment and on beingsatisfied that subsection (2) is complied with, give acertificate to that effect, and where that subsection isnot complied with, the fire authority may by notice inwriting 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 thepremises by the occupier and made available forinspection by the fire authority or an inspector, shallspecify precisely and in detail the means of escapeprovided and shall contain particulars as to—

(a) the maximum number of persons employedor proposed to be employed in theindustrial establishment as a whole and, ifthe fire authority thinks fit, the maximumnumber in any specified part thereof;

(b) explosive or highly flammable materialstored or used;

(c) the nature and frequency of the periodicfire fighting drills;

(d) the purposes for which the premises areused;


(e) the means for giving warning in the eventof a fire;

(f) the means available to persons on thepremises in fighting fire;

(g) the measures for securing the means ofescape; and

(h) any other matters taken into account ingranting the certificate,

and the fire authority shall send a copy of thecertificate to both the Chief Inspector and theappropriate municipal corporation.

(5) The means of escape specified in thecertificate shall be properly maintained and kept freefrom obstruction at all times.

(6) Where, after the grant of a certificate, it isproposed to make any extension or structural alterationof the premises or to increase the number of personsemployed in the industrial establishment, or to store oruse explosive or highly flammable material in theindustrial establishment or to increase the extent ofsuch storage or use, the occupier shall give notice inwriting of the proposal to the fire authority and also tothe appropriate municipal corporation.

(7) Where the fire authority on receipt of thenotice referred to in subsection (6) is of the opinion thatthe means of escape will be adversely affected by theproposed changes, or that such means have by reasonof changed conditions become insufficient, it may bynotice in writing require the occupier to comply withsuch directives, within such period of time, as it mayspecify.


(8) The fire authority may, by notice in writing,prohibit or restrict the use of an industrial establishmentor require the occupier to make, within the periodspecified in the notice, alterations for the purposes ofproviding a safe means of escape in case of fire if—

(a) it appears to the fire authority thatdangerous conditions with regard to escapein case of fire exist in the industrialestablishment; or

(b) it appears to an inspector that conditionsreferred to in paragraph (a) exist and theinspector requests the fire authority inwriting to examine the industrialestablishment for the purposes ofexercising his powers under this section.

(9) The occupier shall, within the periodspecified in the notice issued by the fire authorityunder this section, carry out, the alterations requiredby the notice, and upon their being carried out, theoccupier shall notify the fire authority in writing andthe fire authority shall amend the certificate or issue anew certificate, and shall send a copy of the amended ornew certificate to the Chief Inspector, and if thealterations are not so carried out, the fire authorityshall, without prejudice to the taking of otherproceedings, cancel the certificate.

(10) Where the occupier fails to notify the fireauthority in respect of the matters referred to insubsection (6), or where he fails to comply with suchdirectives as the fire authority may give undersubsection (7) or (8), he commits an offence and isliable, on summary conviction, to a fine of ten thousanddollars and to a further fine of one thousand dollars foreach day on which the offence continues.


(11) Where a request is made by an inspectorunder subsection (8), the fire authority shall inform theChief Inspector and the appropriate municipalcorporation of his findings and of any action taken forremedying the dangerous conditions, if any.

(12) Where the occupier is aggrieved by adecision of the fire authority under this section, he mayobject by way of complaint within seven days of thedecision to the Court and, pending the finaldetermination of the complaint, the Court may, on exparte application by the occupier, make such interimorders as it thinks fit.

(13) An examination by the fire authority underthis section shall be carried out only by officersauthorized in writing by that authority (hereinafterreferred to as “authorized officers”) to carry out thatexamination or generally to carry out examinationsunder this section.

(14) An authorized officer may, in the exercise ofhis powers under subsection (13), be accompanied byany person approved by the fire authority.

(15) An authorized officer may, for the purposesof exercising his powers under subsection (13), enter anindustrial establishment at any time, on the conditionthat he produces documentary evidence of his authorityif required to do so.

(16) A person who wilfully obstructs anauthorized officer in the exercise of his duty under thisAct is liable, on summary conviction, to a fine of twothousand dollars and to imprisonment for six months.

27. (1) In every industrial establishment, the doorsthat are provided for use as fire exits shall, while workis in progress at that industrial establishment, beeither left unlocked, or secured in such a way as to becapable of being readily and quickly opened from theinside.

Safety provisions incase of fire


(2) Every door opening onto a staircase orcorridor from a room in which more than ten personsare employed, and all other doors affording a means ofexit from the industrial establishment for personsemployed therein, shall be constructed to openoutwards and a sliding door shall not be the final exit ofan industrial establishment unless the occupier obtainsthe written permission of the fire authority to use sucha door.

(3) Every liftway inside a building shall becompletely enclosed with fire resisting material, and allmeans of access to the lift shall be fitted with doors offire resisting materials, except that the top of suchliftway shall be enclosed by some material easilybroken in case of fire, or shall be provided with a vent.

(4) Every door or other exit or exit routeaffording means of escape in case of fire or givingaccess thereto, other than the means of exit in ordinaryuse, shall be distinctly and conspicuously marked by anotice printed in green letters on a white backgroundand the letters shall be of such size as the fire authoritymay specify.

(5) The doors, exit or exit routes mentioned insubsection (4) shall be fitted with emergency lightingand well maintained luminous or illuminated exit signsif the industrial establishment is used at night orwhere insufficient lighting is likely to occur during anelectrical power failure.

(6) Subject to subsection (7), where in anindustrial establishment more than twenty persons areemployed in the same building, or where explosives orhighly flammable materials are stored or used in abuilding in which persons are employed, the fireauthority shall direct the occupier to make effectiveprovisions for giving warning in case of fire, and suchwarning shall be clearly audible throughout thebuilding and distinct from any other signal in use onthe premises.


(7) Where part of a building is let as anindustrial establishment and the aggregate number ofpersons employed in the building at any one timeexceeds twenty, the fire authority shall direct the ownerof the building to make effective provisions for givingwarning in case of fire, and such warning shall beclearly audible throughout the building and distinctfrom any other signal in use on the premises.

(8) Such warning signs as the fire authority mayspecify shall be prominently displayed in an industrialestablishment in which explosives or highly flammablematerials are stored or used.

(9) The contents of every room in whichemployees work shall be so arranged that there is forall employees in the room a free passageway leading toa means of escape in case of fire.

28. Where in an industrial establishment more thantwenty persons are employed in the same buildingabove the ground floor, or where explosive or highlyflammable materials are stocked or used in a buildingwhere persons are employed, effective steps shall betaken to ensure that all employed persons are familiarwith the means of escape, their use and the routine tobe followed in case of fire and a record of the numberand frequency of evacuation drills shall be kept andpresented, on demand, for inspection by the fireauthority.

29. In every industrial establishment there shall beprovided, maintained and kept readily available for useappropriate fire equipment approved by the fireauthority for fighting fire and the occupier shall ensurethat a sufficient number of persons trained in usingsuch equipment are available during the working hoursand a record of the number of persons trained and thefrequency of lectures and fire drills shall be kept andpresented on demand, for inspection by the fireauthority.

Instructions as to useof means of escape incase of fire

Provision foradequate fire-fighting equipment


30. The Chief Inspector on receiving a report inwriting by the fire authority may prosecute or conductbefore the court any complaint or other proceedingsarising under, or in the discharge of his duties under,sections 26 to 29.

30A. Where it appears to the Chief Inspector that inan industrial establishment or a factory with twenty orless employees any provisions of this Part is by reasonof special circumstances appropriate or adequate forthe purpose, he may direct that the occupier of thatindustrial establishment or an employer therein complywith those provisions or that the provisions shall applyas varied by his direction.

PART VI

HEALTH

31. Every industrial establishment shall be keptclean and free from effluvia arising from any drain,sanitary convenience or other source, and, withoutprejudice to the generality of the foregoing provision—

(a) accumulations of dirt and refuse shall beremoved daily, where practicable, bysuitable methods from the floors, benches,furniture, furnishings and fittings ofworkrooms, and from the staircases andpassages;

(b) the floors of every workroom shall be keptclean and properly maintained;

(c) effective means shall be provided,maintained and used to prevent thebreeding of insects, rats, mice or othervermin; and

(d) effective means shall be provided andmaintained for the draining of wet floorsand yards, where necessary.

Power of ChiefInspector to conductcourt proceedings

Cleanliness

Compliance withprovisions


32. Respiratory protection of an approved standardshall be provided and maintained, where necessary, foruse by all persons in the industrial establishment.

33. (1) In every part of an industrial establishmentwhere employees are working or passing, there shall beprovided and maintained sufficient and suitablelighting, natural or artificial, or both, in accordancewith approved standards.

(2) In every industrial establishment, effectiveprovision shall, so far as is practicable, be made for theprevention of—

(a) glare, either directly from a source of lightor by reflection from a smooth or polishedsurface; and

(b) the formation of shadows to such an extentas to cause eye-strain or the risk ofaccident to any person.

(3) In every industrial establishment, all glazedwindows and sky lights used for the lighting ofworkrooms shall be kept clean from inside and outsideand shall be free from any obstruction.

34. (1) Every owner, occupier or employer shall takeadequate steps to prevent hearing impairment causedby noise, and diseases caused by vibration, fromoccurring to persons in, or in the vicinity of, hisindustrial establishment and shall comply with suchdirectives as—

(a) the Chief Inspector may issue, in order toreduce the level of noise or vibrationgenerated by a machine, device or process;and

(b) the Chief Medical Officer may issue, inorder to protect persons employed fromhearing impairment caused by noise orfrom diseases caused by vibration.

Noise and vibration

Respiratoryprotection

Lighting


(2) It shall be the duty of the owner, occupier oremployer—

(a) to ensure that all protective equipmentnecessary for compliance withsubsection (1) is worn or used by employeesat all appropriate times;

(b) to arrange for the initial and periodicmedical examination and assessment ofthose employees who are exposed tothe risk of injury to their hearing orof contracting a disease caused byvibration;

(c) to keep a record of the results ofexaminations and assessments underparagraph (b) which shall includeaudiometric tests and the monitoring of thework environment; and

(d) to arrange programmes for hearingconservation.

35. (1) An industrial establishment shall not be soovercrowded as to cause risk of injury to the health ofthe persons employed therein.

(2) Without prejudice to the generality ofsubsection (1), in every workroom or other work spacein a factory there shall be allowed for every personemployed in the room or space not less than eleven anda half cubic metres of space, except that in anyworkroom or other work space with not less than oneside, or the equivalent area of openings, being not lessthan twenty-five per cent of the total area of all sides ofthe room or space, open to the outer air the amount ofspace allowed for every person employed in the room orspace shall not be less than seven and a half cubicmetres.

Overcrowding


(3) In calculating, for the purposes of thissection, the amount of cubic space in any workroom orwork space, no space more than three metres from thefloor shall be taken into account, and, where a roomcontains a gallery in which persons are employed, thegallery shall be treated for the purposes of this sectionas if it were partitioned off from the remainder of theroom and form a separate room.

(4) There shall be posted in every workroom anotice specifying the number of persons who may,under the provisions of this section, be employed inthat room.

36. Every occupier of an industrial establishmentthat is not ventilated by a functioning air-conditioningsystem shall secure and maintain therein adequate andsuitable ventilation by the circulation of fresh air.

37. (1) Where, after the commencement of this Act,a person seeks employment in an industrialestablishment, he shall be required by the employer toundergo medical examination as a pre-condition ofpermanent employment, except in such shops orplaces of work as the Minister may, by Order,exempt.

(2) The cost of the medical examination shall beborne by the employer.

(3) Where a medical inspector is of the opinionthat the health of a person employed in an industrialestablishment has been injured by reason of the natureof work he is called upon to do, the medical inspectormay serve on the employer a written notice requiringhim to permit a medical examination of thatperson, who may or may not submit to thatexamination.

Ventilation

Medical examinationof persons employedin industrialestablishment


(4) The notice under subsection (3) shall namethe place where the medical examination is to beconducted and the date and time when it will beginand, if the examination is to be conducted at theindustrial establishment, the occupier shall providesuitable accommodation for the conduct of theexamination.

(5) In this section, “medical examination” mayinclude pathological, biochemical, physiological,radiological and audiometric tests and other relevantinvestigations.

38. Where the Minister is advised by the medicalinspector and is of the opinion—

(a) that in any industrial establishment—(i) a case of illness has occurred

which he has reason to believemay be due to the nature of aprocess or other conditions of work;

(ii) by reason of changes in anyprocess or in the substances used,or of the introduction of a newprocess, there may be risk ofinjury to the health of employeesin that process; or

(iii) young persons are or are about tobe employed in work which maycause risk of injury to theirhealth; or

(b) that there may be risk of injury to thehealth of employees in an industrialestablishment—

(i) from any substance or materialbrought to the industrialestablishment to be used orhandled therein; or

Power to requiremedical supervision


(ii) from any change of conditions ofwork or other conditions in theindustrial establishment,

he may make Regulations specifying the arrangementsto be made for the medical supervision of thoseemployees or young persons, as the case may be, or anyclass thereof.

PART VII

WELFARE

39. (1) In every factory, effective arrangements shallbe made to provide and maintain at suitable pointsconveniently situated for all persons employed therein,a sufficient supply of cool, wholesome, drinking water,except that no such point shall be situated within sixmetres (or twenty feet) of a washing place, water closet,urinal or other sources of contamination unless ashorter distance is approved in writing by the ChiefInspector.

(2) Except as otherwise permitted by the ChiefInspector, in every factory there shall be legibly andconspicuously displayed near any tank, pipe or othersource of water or liquid unfit for human consumption,a notice to that effect.

40. The occupier of every factory shall provide andmaintain separately for men and women employedtherein, adequate, clean and easily accessible washingfacilities which are provided with soap and suitablehand drying materials or devices and such otherprovisions as are prescribed.

41. The occupier of every factory shall—(a) provide and maintain separately for men

and women employed therein adequate,clean and easily accessible sanitaryconveniences;

Washing facilities

Sanitaryconveniences

Drinking water


(b) provide and maintain suitable receptaclesor disposal units for use by women;

(c) provide adequate lighting and ventilationin sanitary conveniences and an open orventilated space separating workroomsfrom such conveniences; and

(d) provide safe and covered access to sanitaryconveniences.

42. In every factory, there shall be provided andmaintained, distinct and apart from any sanitaryconvenience or lunchroom and separately for the use ofmen and women, adequate and suitable changingrooms with locks on the inside and accommodation fortheir clothing not worn during working hours.

43. (1) In every factory, there shall be provided andmaintained so as to be readily accessible during allworking hours, such number of fully equipped first aidboxes or cupboards as may be prescribed.

(2) The Chief Inspector shall, where necessary,direct in writing the occupier of a factory to provide fordeluge showers, eye baths and other similar first aiddevices.

(3) Each first-aid box or cupboard shall be underthe control of responsible persons who are trained infirst-aid treatment and retested every three years andwho shall always be readily available during theworking hours of the factory.

(4) In every factory or industrial estate wheremore than two hundred and fifty persons are employed,there shall be provided and maintained an ambulanceand a first-aid room of a prescribed size, containing theprescribed equipment and being in the charge of suchmedical and nursing staff as may be prescribed, unlessthe Chief Inspector, upon application, exempts anoccupier from this section, in which case he shall issuea certificate to that effect to the occupier.

Accommodation forclothing

First aid appliances


(4A) The Chief Inspector may direct the managerof an industrial estate to comply with subsection (4).

(5) Where the factory provides a first-aid roomand an ambulance, it may be exempt by the ChiefInspector from subsections (1) and (3).

(6) In this section “industrial estate” means anyland with suitable infrastructure such as roads, wateror power, divided into plots for sale or rental orentrepreneurs to build factories or to occupy existingbuildings thereon for the purpose of storage, processingor manufacture of products or repair of articles.

44. Every occupier in whose factory there isordinarily employed a total of more than two hundredand fifty persons, may provide and maintain for the useof those employees therein a canteen equipped andoperated in the manner that may be prescribed byagreement between the employer, employee and union.

45. (1) In every factory the occupier shall provideand maintain for the persons employed therein,adequate and suitable restrooms or lunchrooms andlunchrooms shall be convenient for the eating of mealsand shall be provided with adequate lighting,ventilation and drinking water.

(2) An occupier who provides a canteen inaccordance with section 44 shall be regarded as havingsatisfied the requirements of subsection (1).

45A. (1) This Part applies to factory in which isemployed more than five people.

(2) An occupier of a factory in which isemployed five persons or less shall ensure that thechanging room or sanitary convenience can be lockedfrom the inside.

Restrooms andlunchrooms

Canteens

Application of the Part


45B. Where it appears to the Chief Inspector that inan industrial establishment or a factory with five orless employees any provisions of this Part is by reasonof special circumstances appropriate or adequate forthe purpose, he may direct that the occupier of thatindustrial establishment or an employer therein complywith those provisions or that the provisions shall applyas varied by his direction.

PART VIII

NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND

OCCUPATIONAL DISEASES

46. (1) Where an accident which causes death orcritical injury occurs—

(a) in an industrial establishment, theoccupier; or

(b) in the course of employment, the employer,shall inform the Chief Inspector of the accidentforthwith by telephone, facsimile, e-mail or other directmeans and shall send a written notice of the accident, inthe prescribed form and accompanied by the prescribedparticulars, to the Chief Inspector within forty-eighthours of his learning of the accident.

(2) Where an incident which may be prejudicialto the safety or health of the public, or which has thepotential of causing critical injury, including fire,explosion or the release of toxic substances, occurs inan industrial establishment, the occupier shall informthe Chief Inspector of the incident forthwith bytelephone, facsimile or e-mail and shall send a writtennotice of the incident to the Chief Inspector withinforty-eight hours of his learning of the incident.

(3) Where an accident resulting in critical injuryoccurs and death follows the notification of theaccident, a further notice in writing of the death shallbe sent to the Chief Inspector by the employer withinforty-eight hours of his learning of the death.

Notification ofaccidents

Compliance withprovisions


(4) Where the occupier is not the employer of aperson who is killed or seriously injured in anindustrial establishment, it shall be the duty of theemployer, as soon as he becomes aware of the accidentto report it to the occupier, and if he fails to do so, hecommits an offence and is liable, on summaryconviction, to a fine of ten thousand dollars and toimprisonment for three months.

(5) Every occupier and every employer shallkeep a register of each accident, incident or deathreported to the Chief Inspector under subsections (1),(2) and (3) and each entry into the register shall bekept for not less than five years.

46A. (1) Where an accident causes injury to aperson at a workplace whereby the person is unable toperform his usual work or requires medical attention,and such occurrence does not cause death or criticalinjury leading to disability, the employer shall givenotice in the prescribed form within four days of theoccurrence, to the Chief Inspector, containinginformation and particulars of the accident.

47. (1) Where a person is killed or sustains a criticalinjury at an industrial establishment, no person shall,except for the purpose of—

(a) saving life or relieving human suffering;(b) maintaining an essential public utility

service or a public transportation system; or(c) preventing unnecessary damage to

equipment or other property,

interfere with, disturb, destroy, alter or carry away anywreckage, article or thing at the scene of or connectedwith the occurrence until permission so to do has beengiven by an inspector.

(2) A person who contravenes subsection (1)commits an offence and is liable, on summaryconviction, to a fine of five thousand dollars and toimprisonment for three months.

Preservation of scene

Notice of Injury


48. (1) Where a medical practitioner who, havingattended to a patient, forms the opinion that thepatient is suffering from an occupational diseasecontracted in any industrial establishment or in thecourse of his employment, he shall within forty-eighthours of having formed that opinion send to the ChiefMedical Officer a notice stating the disease from whichthe medical practitioner is of the opinion that thepatient is suffering and the industrial establishment inwhich the patient is and was last employed.

(2) The Chief Medical Officer shall sendforthwith to the Chief Inspector any notice that hereceives under subsection (1).

(3) If an employer is advised by or on behalf of anemployee that the employee suffers from a diseasereferred to in Schedule 1, he shall give notice in writing tothe Chief Inspector within four days of being so advised.

(4) Where a notice is sent to the Chief Inspectorunder this section, he shall arrange, within two weeksof having received the notice, for a medical inspector toinvestigate and submit to him a report on the case ofoccupational disease referred to in the notice withintwo weeks.

(5) The Chief Inspector, upon receiving thereport referred to in subsection (3), shall conduct thenecessary enquiries.

(6) Every employer who contravenes sub-section (3) commits an offence and is liable on summaryconviction to a fine of five thousand dollars and toimprisonment for three months.

(7) Every medical practit ioner whocontravenes subsection (1) commits an offence and isliable, on summary conviction, to a fine of fivethousand dollars, and to imprisonment for threemonths if it is proven that he ought reasonably tohave formed the opinion that the patient wassuffering from an occupational disease contracted inan industrial establishment or in the course of hisemployment.

Notification ofoccupational diseases


49. Where a District Medical Officer has reason tobelieve that a death is caused by an accident in anindustrial establishment or in the course of employmentor by occupational disease, he shall arrange for anautopsy to be conducted in respect of such death andshall forward, within twenty-one days of the death, acopy of the results of the autopsy to the Chief MedicalOfficer, who shall forward forthwith to the ChiefInspector a statement as to the cause of death.

50. (1) Where a coroner holds an inquest on the bodyof a person whose death may have been caused byaccident or disease of which notice is required by thisAct to be given, the coroner shall, at least forty-eighthours before holding an inquest, send to the ChiefInspector a notice in writing of the time and place ofholding the inquest.

(2) Where an inspector is not present to witnessthe proceedings of an inquest, the coroner may adjournthe inquest and shall, at least four days before holdingthe adjourned inquest, send to the Chief Inspectornotice in writing of the time and place of holding theadjourned inquest, but the coroner may, before theadjournment, take evidence to identify the body andorder the interment thereof.

(3) Subject to the power of the coroner at aninquest referred to in this section to disallow aquestion, which in his opinion is not relevant, or isotherwise not a proper question, the followingpersons shall be entitled to examine a witness eitherin person or through an Attorney-at-law or an agent:

(a) an inspector;

(b) a relative of the person in respect ofwhose death the inquest is being held;

(c) the employer of the person in respect ofwhose death the inquest is being held;

Autopsy in cases ofdeath by accident oroccupational disease

Inquest in the case ofdeath by accident oroccupational disease


(d) the occupier of the industrialestablishment in which the accidentoccurred or the disease is alleged to havebeen contracted;

(e) a person appointed in writing by—(i) a trade union, friendly society or

other association to which thedeceased at the time of his deathbelonged; and

(ii) an association of employers ofwhich the occupier or employer isa member.

(4) Where at an inquest at which an inspector isnot present, evidence is given of neglect as havingcaused or contributed to the accident or disease, or of adefect in or about the industrial establishmentappearing to the coroner to require a remedy, thecoroner shall send to the Chief Inspector notice inwriting of the neglect or defect, as the case may be.

(5) In this section, “inspector” includes a medicalinspector.

51. Where the Minister is of the opinion that anyaccident occurring or any case of occupational diseasecontracted or suspected to have been contracted in anindustrial establishment is a matter of public interest,he may so advise the President who may cause anenquiry to be held, in accordance with the Commissionsof Enquiry Act, into such accident or case of industrialdisease and its causes and circumstances.

52. (1) The Chief Medical Officer shall arrange for amedical inspector to investigate and submit to him areport—

(a) on such cases of death or critical injuryoccurring in an industrial establishmentor in the course of employment as theChief Inspector may refer to the ChiefMedical Officer; and

Enquiry intoaccidents and casesof disease

Chap. 19:01

Medical inspector toinvestigate andreport



(b) on any other matter that the Ministermay direct.

(2) The Chief Medical Officer shall forward acopy of a report made under—

(a) subsection (1)(a) to the Chief Inspector; or (b) subsection (1)(b) to the Minister.

PART IX

EMPLOYMENT OF YOUNG PERSONS

53. (1) No young person shall be employed to workin an industrial establishment for a period of threemonths or more unless—

(a) a medical practit ioner, on theapplication of the young person or hisparent, has examined the young personand ascertained his fitness for work inthat industrial establishment; and

(b) a document signed by the employer tothe effect that such young person willbe employed in the industrialestablishment is submitted to themedical practitioner no later than atthe commencement of the medicalexamination.

(2) The Minister may, by Order, exempt suchindustrial establishment as he thinks fit fromsubsection (1).

(3) After an examination under subsection (1),the medical practitioner may grant to such youngperson, in the prescribed form, or may renew—

(a) a certificate of fitness to work in anindustrial establishment i f he issatisfied that the young person hasattained the prescribed physicalstandard and that he is fit for suchwork; or

Young persons tohave certificate

(b) a certificate of fitness to work in anindustrial establishment as an adult, ifhe is satisfied that the young person hasattained the age of sixteen years andthat he is fit for a full day’s work in anindustrial establishment.

(4) Unless the examining physician haspersonal knowledge of the place where the youngperson proposes to work and of the process in whichhe will be employed, he shall not grant or renew acertificate under subsection (3).

(5) A certi f icate of f itness granted undersubsection (3)—

(a) shall be valid for a period of twelvemonths from the date thereof; and

(b) may be issued subject to conditionsregarding the nature of work in whichthe young person may be employed, orconditions requiring a medical re-examination of the young person beforethe expiry of the period of twelvemonths.

(6) Where a certificate under this section isgranted or renewed subject to such conditions as arereferred to in subsection (5)(b), the young personshall not be required to work in any industrialestablishment except in accordance with thoseconditions.

54. (1) Except as provided for by section 90(2) of theChildren Act, no young person shall be employed—

(a) between the hours of 10.00 p.m. and7.00 a.m.;

(b) during the period of twelve consecutivehours immediately following the end of theperiod during which he last worked; or

(c) for more than eight hours a day.

Hours of employmentfor young personsChap. 46:01


(2) The hours of employment under sub-section (1) shall include a rest period of at least one hour.

(3) No young person shall be required to workmore than forty-eight hours in any week.

(4) The Minister may, in relation to suchindustrial establishment as he thinks fit, by Order,vary or waive the provisions of subsection (1) or (3).

55. (1) An employer shall maintain a registerrecording therein the names of young persons, the dateof their employment, particulars of the certificate offitness, the nature of their work and suchother particulars in such form as the Minister mayprescribe.

(2) An employer who contravenes subsection (1)commits an offence.

56. Where an inspector is of the opinion—(a) that any person working in an industrial

establishment without a certificate offitness is a young person; or

(b) that a young person working in anindustrial establishment with a certificateof fitness is no longer fit to work in thecapacity stated therein,

he may serve on the employer a notice requiring thatsuch young person shall be examined by a medicalpractitioner and such young person shall not, if theinspector so directs, be employed in anindustrial establishment until he has been so examinedand has been granted a certificate of fitness or arenewed certificate of fitness, as the case may be, undersection 53.

Duty to maintainregister

Power to requiremedical examination


PART X

SPECIAL APPLICATION AND EXTENSIONS

57. (1) The owner or occupier of any premises shall,before letting any premises or part of premises for useas an industrial establishment—

(a) in which the aggregate number of personsemployed exceeds twenty;

(b) in which more than ten persons areemployed in the same building above theground floor of the building; or

(c) in which explosive or highly flammablesubstances are stored or used,

shall obtain from the Chief Inspector a certificate as tothe suitability of the premises or part thereof, as thecase may be, for its intended use.

(1B) Where it appears to the Chief Inspector thatin an industrial establishment with twenty or lessemployees any provisions of this Part is by reason ofspecial circumstances appropriate or adequate for thepurpose, he may direct that the owner or occupier ofthat industrial establishment or an employer thereincomply with those provisions or that the provisionsshall apply as varied by his direction.

(2) Where part of premises is let as an industrialestablishment, this Act shall apply to any other part ofthe premises used for the purposes of the industrialestablishment though not itself a part of that industrialestablishment.

(3) Subject to subsection (4), where part ofpremises is let as an industrial establishment, theowner of the premises shall be liable for anycontravention of the provision of this Act as they applyunder subsection (2), except that the owner shall not beliable for a contravention of those provisions in so far asthey relate to matters outside his control, in which casethe occupier of an industrial establishment in respect ofwhich that contravention is made, shall be liable.

Provisions re: lease ofpart of premises as aseparate industrialestablishment


(4) Except where otherwise provided by the termsof the agreement between the owner and the occupier ofpremises referred to in this section, the owner shall beresponsible for complying with the provisions of this Actrelating to any sanitary conveniences, lifts, liftingmachines, floors, passages, stairs, walls, means of escapeand any other machinery, thing or part of premises usedin common by more than one tenant.

58. (1) Where in premises, not being an industrialestablishment but forming part of an institution carried onfor 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 Actapplies, the persons having the control of the institution(hereinafter referred to as “the managers”) satisfy theMinister that the only persons working therein arepersons who are residents of and supported by theinstitution, or persons engaged in the supervision of thework or the management of machinery, and that suchwork is carried on in good faith for the purposes of thesupport, education or training of persons engaged in it,and that any posting required by section 61 is notnecessary, the Minister may, by Order, direct that suchprovisions of Part XI as to the posting of abstracts andnotices as the Minister thinks fit shall not apply.

PART XI

SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING

OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

59. (1) No person shall undertake, without the priorapproval of the Chief Inspector—

(a) the construction of any new factory orwarehouse;

Application ofinstitutions

Construction andalteration of factories


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

(c) the alteration, modification or changes inthe existing plant or machinery which islikely to change significantly the workingenvironment in a factory or warehouse.

(2) A period of not more than six weeks shall beallowed for the consideration of every applicationmade under this section and where the ChiefInspector ’s decision is not issued to the applicantduring that period, the Chief Inspector shall submithis reasons for the delay, in writing, to the applicant.

(3) Every application under this section shall bemade on the prescribed form and shall beaccompanied by the prescribed documents.

60. (1) Every person shall, within one month afterhe begins to occupy, or to use any premises, as afactory, serve on the inspector and the local healthauthority for the district a written notice stating thename of the occupier or the title of the firm, the postaladdress of the factory, the nature of the work, whethermechanical power is used and, if so, its nature, thename of the local health authority within whosedistrict the factory is situated and such otherparticulars as may be prescribed, and if he fails to doso, he shall be guilty of an offence and liable, onsummary conviction, to a fine of five thousand dollarsand to a further fine of five hundred dollars for eachday on which the offence continues.

(2) Within one month of the date upon whichmechanical power is, after the commencement of theAct, first used in any factory, the occupier shall serveon the inspector and the local health authority for thedistrict a written notice stating the nature of suchmechanical power.

Notice of occupationof factory and use ofmechanical power


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

(a) the prescribed abstract of this Act; and

(b) a suitable clock.

(2) In every factory a printed copy of this Act andof the Regulations or Orders for the time being in forcetogether with the rules of that factory shall be providedand maintained in good condition in a location readilyaccessible to employees.

(3) An inspector may direct that any documentrequired to be posted under this section shall be in theprescribed form and shall be posted in such part of thefactory as he may think fit.

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

62. The occupier of every factory shall, at intervals ofnot less than one year, send to the Chief Inspector acorrect return specifying with respect to such period as theMinister may direct, the number of persons employed inhis factory, and giving such particulars as may beprescribed, as to the hours of employment of eachemployee, as to the age, sex and occupation of all personsemployed, and as to such other matters, if any, as theMinister may direct.

63. Any person undertaking any building operations orworks of engineering construction shall, not later thanseven days after the beginning thereof, serve on the ChiefInspector a written notice stating the name and postaladdress of the person so undertaking the operations or

Periodical returns offactory employees

Building operationsand works ofengineeringconstruction

Postings


works, the place and nature of the operations or works,the name of the regional health authority within whosedistrict the operations or works are situated and suchother particulars as may be prescribed where—

(a) this section shall not apply to anyoperations or works which the personundertaking them has reasonable groundsfor believing will be completed in a period ofless than six weeks, except in such casesas the Chief Inspector may direct; and

(b) where a person undertakes any buildingoperations or works of engineeringconstruction in a place where suchoperations or works are in progress, heshall not be required to give notice, if anotice was given in respect of theoperations or works in progress.

PART XII

THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

64. (1) There is hereby established an Authority tobe known as “The Occupational Safety and HealthAuthority” (hereinafter referred to as “the Authority”).

(2) Schedule 2 shall have effect with respect tothe Authority.

(3) The Minister may, by Rules, amend Schedule 2.

65. (1) The Authority shall consist of—

(a) a Chairman appointed by the Minister;

(b) a Deputy Chairman appointed by theMinister;

(c) the Executive Director of the Agencycreated under Part XIII of this Act;

Establishment of theAuthority

Schedule 2

Composition of theAuthority


(d) a representative of the Ministryresponsible for occupational safety andhealth;

(e) a representative of the Ministryresponsible for health;

(f) a representative of the Ministryresponsible for energy industries;

(g) a representative of the body responsiblefor standards in Trinidad and Tobago; and

(h) nine other members appointed by theMin i s t e r in a c co rdance w i thsubsection (2).

(2) Before appointing the members of theAuthority, other than the Chairman and the DeputyChairman, the Minister shall—

(a) as to two of them, consult suchorganizations representing employers ashe considers appropriate;

(b) as to two of them, consult such organi-zations representing employees as heconsiders appropriate; and

(c) as to five of them, consult such otherorganizations, the activities of which areconcerned with matters relating to any ofthe general purposes of this Act, as heconsiders appropriate, including theMedical Board of Trinidad and Tobago,the Board of Engineering of Trinidad andTobago and organizations representingwomen’s affairs.

(3) Subject to this Part, the Authority may—

(a) appoint such employees as it considersnecessary for the performance of itsfunctions;


(b) fix qualifications and terms andconditions of service for employees, savethat salaries in excess of one hundredand fifty thousand dollars per annumshall be subject to the Minister ’sapproval;

(c) engage persons having suitablequalifications and experience asconsultants on such terms and conditionsas are approved by the Minister.

66. (1) The functions of the Authority shall be—(a) to assist and encourage persons

concerned with matters relevant to any ofthe general purposes of this Act tofurther those purposes;

(b) to make such arrangements as itconsiders appropriate for the carrying outof research, the publication of the resultsof research and the provision of trainingand information in that connection withthose purposes, and to encourageresearch and the provision of trainingand information in that connection byothers;

(c) to make such arrangements as itconsiders appropriate for securing thatgovernment departments, employers,employees, organizations representingemployers and employees respectively,and other persons concerned withmatters relevant to any of those purposesare provided with an information andadvisory service and are kept informed of,and adequately advised on, such matters;

(d) to perform such acts and functions inaccordance with law to enforce theprovisions of this Act;

Functions of theAuthority


(e) to submit from time to time to theMinister such proposals as the Authorityconsiders appropriate for the making ofRegulations under this Act; and

(f) to advise the Minister on theorganizational structure, staffrequirements and operations for theproper and efficient functioning of theAgency.

(2) It shall be the duty of the Authority—(a) to give effect to any directions given to it

by the Minister; (b) to submit to the Minister from time to

time particulars of what it proposes to dofor the purpose of performing itsfunctions; and

(c) to ensure that its activities are inaccordance with proposals approved bythe Minister.

67. (1) For the purpose of providing practicalguidance with respect to the requirements of anyprovision of this Act or Regulations made under it, theAuthority may, subject to subsection (2)—

(a) approve and issue such codes of practice,whether prepared by it or not as in itsopinion are suitable for that purpose; and

(b) approve such codes of practice issued orproposed to be issued otherwise than bythe Authority as in its opinion aresuitable for that purpose.

(2) The Authority shall not approve a code ofpractice under subsection (1) without the consent of theMinister and shall, before seeking his consent,consult—

(a) any government department or other bodythat appears to the Authority to beappropriate; and

Approval of codes ofpractice


(b) such government departments and otherbodies, if any, as in relation to any matter dealtwith in the code, the Authority is required toconsult under this section by virtue ofdirections given to it by the Minister.

(3) Where a code of practice is approved by theAuthority under subsection (1), the Authority shallcause a notice to be published in the Gazette and in adaily newspaper circulating in Trinidad and Tobago—

(a) identifying the code in question andstating the date on which its approval bythe Authority is to take effect; and

(b) specifying for which of the provisions ofthis Act or Regulations made under it, thecode is approved.

(4) The Authority may—

(a) from time to time revise the whole or anypart of any code of practice prepared by itin pursuance of this section;

(b) approve any revision or any proposedrevision of the whole or any part of anycode of practice for the time beingapproved under this section,

and the provisions of subsections (2) and (3) shall, withthe necessary modifications, apply in relation to theapproval of any revision under this subsection as theyapply in relation to the approval of a code of practiceunder subsection (1).

(5) The Authority may at any time with theconsent of the Minister withdraw its approval from anycode of practice approved under this section, but beforeseeking his consent shall consult the same governmentdepartments and other bodies as it would be requiredto consult under subsection (2) if it were proposing toapprove the code.


(6) Where under subsection (5), the Authoritywithdraws its approval from a code of practiceapproved under this section, the Authority shall causea notice to be published in the Gazette and in a dailynewspaper circulating in Trinidad and Tobagoidentifying the code in question and stating the date onwhich its approval of it is to cease to have effect.

(7) References in this section to an approvedcode of practice are references to that code as it haseffect for the time being by virtue of any revision of thewhole or any part of it approved under this section.

(8) The power of the Authority under subsection(1)(b) to approve a code of practice issued or proposed tobe issued otherwise than by the Authority shall includepower to approve a part of such a code of practice; andaccordingly in this section “code of practice” may beread as including part of such a code of practice.

68. (1) A failure on the part of any person to observeany provision of an approved code of practice shall notof itself render him liable to any civil or criminalproceedings; but where in any criminal proceedings aparty is alleged to have committed an offence by reasonof a contravention of any requirement or prohibitionimposed by or under any provision of this Act being aprovision for which there was an approved code ofpractice at the time of the alleged contravention,subsection (2) shall have effect with respect to that codein relation to those proceedings.

(2) Any provision of the code of practice whichappears to the Court to be relevant to the requirementor prohibition alleged to have been contravened shall beadmissible in evidence in the proceedings; and if it isproved that there was at any material time a failure toobserve any provision of the code which appears to thecourt to be relevant to any matter which it is necessaryfor the prosecution to prove in order to establish acontravention of that requirement or prohibition, that

Use of approvedcodes of practice incriminal proceedings


matter shall be taken as proved unless the Court issatisfied that the requirement or prohibition was inrespect of that matter complied with otherwise than byway of observance of that provision of the code.

(3) In any criminal proceedings— (a) a document purporting to be notice

published by the Authority undersection 68 shall be taken to be such anotice unless the contrary is proved; and

(b) a code of practice which appears to theCourt to be the subject of such a noticeshall be taken to be the subject of thatnotice unless the contrary is proved.

PART XIII

ADMINISTRATION

69. (1) There is hereby established the OccupationalSafety and Health Agency (hereinafter referred to as“the Agency”).

(2) The Agency shall consist of the followingpersons who shall be appointed by the Authority:

(a) an Executive Director who shall be thehead of the Agency;

(b) a Deputy Director; (c) a Secretary; and(d) such persons who in the opinion of the

Authority, have the necessary training,qualifications and expertise to assist inthe effective management and deliveringof the services of the Agency.

(3) The Executive Director shall be theAccounting Officer on the Exchequer Account for theAuthority and shall—

(a) carry out any directions given to himby the Authority in pursuance of itsfunctions; and

Establishment of the Agency


(b) if requested by the Minister, provide theMinister with information about theactivities of the Authority or any otherrelated matter.

(4) The salary, allowances and other terms andconditions of service of the Executive Director shall bereviewed by the Salaries Review Commission inaccordance with section 141 of the Constitution.

(5) The Agency shall not later than three monthsafter the commencement of this Act, initiateconsultation with governmental entities performingvarious inspection functions, with the objective offormulating memoranda of understanding or otherarrangements between the Agency and such othergovernmental entities, which shall establish themechanisms for co-ordination across jurisdictional linesand provide for the implementation of integratedoccupational safety and health programmes.

(6) The Agency, on the advice of the Authority,may—

(a) create; and (b) direct operations of,

other bodies to give effect to the Act.

69A. (1) An officer in the public service may, withthe approval of the appropriate Service Commissionsconsent to be appointed on transfer to the service of theAuthority or the Agency upon such terms andconditions as are acceptable to him or his trade unionand the Authority.

(2) The officer referred to in subsection (1)shall, upon transfer, have preserved hissuperannuation and pension rights accruing at thetime of transfer.

70. (1) The Authority may appoint a suitablyqualified person as Chief Inspector.

Transfers

Duties of ChiefInspector


(2) It shall be the duty of a Chief Inspector toreport to the Executive Director on such mattersconcerning the administration, enforcement andfurtherance of the purposes of this Act as the ExecutiveDirector may request and to carry out any directionsgiven to him by the Executive Director.

(3) The Chief Inspector shall be ex officio amember of the Agency.

71. (1) The Minister may—

(a) on the advice of the Chief Inspector,designate a suitably qualified publicofficer as an inspector; and

(b) on the advice of the Chief MedicalOfficer—

(i) designate a suitably qualifiedmedical officer as a medicalinspector; or

(ii) appoint a suitably qualifiedmedical practitioner as a medicalinspector on such terms andconditions as he sees fit.

(2) An inspector shall not be eligible to serve onany jury.

72. (1) Every inspector shall, for the purposes of theenforcement of this Act, have power to do all or any ofthe following:

(a) to enter, inspect, take photographs of andexamine, at all reasonable times, eitheralone or together with such other personpossessing technical or special knowledgeas the Chief Inspector may authorize inwriting, any premises which he hasreasonable cause to believe are premisesto which this Act applies;

Inspector andmedical inspectors

Powers of inspectors


(b) to request the presence and assistance of apolice officer if he has reasonable cause toapprehend any serious obstruction in theexecution of his duty;

(c) to be accompanied by—

(i) a representative of the manage-ment of the industrialestablishment; or

(ii) a person, whether employed in theindustrial establishment or not,nominated by the collectivebargaining unit for personsemployed in the industrialestablishment;

(d) to request the production of any licence,drawing, specifications, permit, register,certificate, notice, report or other relevantdocument and to inspect, examine and copythem;

(e) to make such examination and inquiry asmay be necessary to ascertain whether thisAct is being complied with;

(f) to require any person whom he finds in anindustrial establishment to giveinformation as to the identity of the owner,occupier or employer;

(g) to require a person—

(i) in an industrial establishment; or

(ii) whom he has reasonable cause tobelieve to be, or to have beenwithin the preceding two months,employed in premises to which thisAct applies,


to answer questions with respect to mattersunder this Act and to sign a declaration ofthe truth of such answers, except that noone shall be required under this paragraphto give any answers which may tend toincriminate himself;

(h) to investigate accidents occurring inindustrial establishments;

(i) in the case of a medical inspector, toconduct such medical examinations as maybe necessary for the purposes of this Act;

(j) to take photographs for the purpose of anyinvestigation; and

(k) to exercise such other powers as may benecessary for the purposes of this Act.

(2) Every inspector, in the discharge of his dutiesunder this Act, is empowered to require of an occupierthe means necessary for entry, inspection, examination,inquiry and, subject to section 73, the taking of samplesin 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 toproduce a register, certificate, notice ordocument which he is required by or inpursuance of this Act to produce;

(c) wilfully withholds information as to who isthe occupier of an industrial establishment;or

(d) conceals or prevents, or attempts to concealor prevent, a person from appearing beforeor being examined by an inspector,

is deemed to have obstructed an inspector in theexecution of his duties under this Act.


(4) Any person who obstructs an inspector in theexecution of his powers or duties under this Act,commits an offence and is liable, on summaryconviction, to a fine of two thousand dollars and toimprisonment for six months.

73. (1) Where an inspector suspects that an occupiermay be in contravention of a provision of this Actrelating to the use of dangerous materials or relating toair contaminants, which materials or contaminants arelikely to cause bodily injury to persons employed in anindustrial establishment, he may, after giving notice tothe occupier, or if the occupier is not readily available,to his agent, take for analysis samples of anymaterials or air contaminants in the industrialestablishments.

(2) The occupier or his agent shall be presentwhen the samples are being taken, and, wherepracticable, the inspector shall divide each sample intothree parts, mark and seal or fasten each part in suchmanner as its nature permits, and—

(a) deliver one part to the occupier or hisagent;

(b) retain one part for future comparison; and

(c) submit one part to the analyst.

(3) Every analysis made under this section shallbe conducted by the Chief Chemist or such othersuitably qualified analyst as the Chief Chemist mayauthorize in writing.

(4) The Chief Chemist or the qualified analystshall in writing, inform the inspector who submittedthe sample for analysis and the occupier or his agent ofthe results of the analysis.

Power to takesamples


(5) Subject to subsection (4), no persons shall,except in so far as it is necessary for the purposes of theprosecution of an offence under this Act, publish ordisclose the results of an analysis made under thissection and if any person acts in contravention ofthis subsection, he commits an offence and is liableon summary conviction, to a fine of five thousanddollars.

74. (1) Where an inspector is of the opinion that—

(a) a part of the ways, works, machinery,plant and equipment used in an industrialestablishment is in such a condition, or isso constructed or is so placed that itcannot be used without risk ofbodily injury or damage to theenvironment;

(b) a process or work is carried on oranything is or has been done in anindustrial establishment in such amanner as to cause risk of bodily injury ordamage to the environment;

(c) an industrial establishment is in such acondition that a process or work carriedon therein cannot be so carried on withoutrisk of bodily injury or damage to theenvironment;

(d) there exist in an industrial establishmentconditions which expose employees orother persons therein to risk of bodilyinjury; or

(e) a person is contravening this Act or hascontravened this Act in circumstancesthat make it likely that the contraventionwill continue or be repeated,

Powers of inspectorre: dangerousconditions andpractices


he shall, without prejudice to his power to initiatelegal proceedings, serve on the appropriate person aprohibition or improvement notice stating that he isof that opinion, giving particulars of the reasons whyhe is of that opinion and may, as the case may be—

(f) in the case of a prohibition notice, prohibitor restrict the use of any premises or partthereof or thing in the industrialestablishment until the existing dangerhas been removed or this Act has beencomplied with; or

(g) in the case of an improvement notice,direct that alterations be carried out orthat other steps be taken to remove theexisting danger or to comply with this Actwithin such period as may be specified inthe notice.

(2) Where an inspector prohibits or restrictsthe use of a place or thing under subsection (1)(f), heshall display in the place or affix to the thing, as thecase may be, a notice to that effect, which notice shallnot be removed without the authority of an inspector.

(3) Where an inspector is satisfied that anotice issued under subsection (1) has been compliedwith, he shall so certify in writing and shall removeany notice displayed or affixed under subsection (2).

(4) A person on whom a notice is served undersubsection (1) may, within seven days of the servingthereof, object by way of complaint to the IndustrialCourt and the Industrial Court may make such orderas it thinks fit.

(5) Pending the final determination of acomplaint, the Industrial Court may, on applicationex parte by the complainant, make such interimorders as it thinks fit.


75. (1) Every register or record kept in pursuanceof this Act shall be preserved and kept available forinspection by an inspector for at least five years afterthe date of the last entry in the register or record, orfor such other period as may be prescribed for anyclass or description of register or record, except in thecase of a health record, the record shall be kept for atleast twenty-five years.

(2) Where an employer who holds health recordsin accordance with subsection (1) ceases to trade, heshall forthwith notify the Agency thereof in writing andoffer these records to the Agency.

76. (1) No employer shall dismiss, suspend orotherwise adversely affect the employment of anemployee or alter his position to his prejudice, byreason only that an inspector in exercise of hispowers under this Act, sought or obtained from theemployee information pertaining to the operation ofthe industrial establishment.

(2) An employer who contravenes subsection (1)is guilty of an offence and is liable, on summaryconviction, to a fine of five thousand dollars and toimprisonment for three months.

77. No inspector shall divulge to the occupier or anyperson employed in the industrial establishment, thesource of any information or complaint which reacheshim concerning an alleged contravention of theprovisions of this Act, even when such information orcomplaint is the reason for an inspection, visit orinquiry in respect of that industrial establishment.

77A. Where an inspector acts outside of theauthority given him under this Act, a person aggrievedby such action may seek redress in accordance withsection 83A.

Source of complaintsnot to be divulged

Preservation ofregisters and records

Protection againstvictimization ofemployees

Redress


78. (1) No inspector shall, while in the publicservice or after leaving such service, disclose, otherwisethan in execution of or for the purposes of this Act, anyinformation that may come to his knowledge in thecourse of his official duties, relating to themanufacturing, commercial or other operations of anindustrial establishment unless—

(a) the occupier thereof gives his consent inwriting to the disclosure; or

(b) the disclosure is necessary for thepurpose of legal proceedings pursuant tothis Act.

(2) An inspector who contravenes subsection (1)commits an offence and is liable, on summaryconviction, to a fine of ten thousand dollars and toimprisonment for twelve months.

79. Every inspector shall, when visiting anindustrial establishment, produce upon the request ofthe occupier or his agent, the prescribed certificate ofappointment identifying himself as an inspector.

80. An inspector may prosecute or conduct beforethe Court any complaint or other proceedings arisingunder this Act or in the discharge of his duties as aninspector.

81. No suit, prosecution or other legal proceedingsshall lie against an inspector for anything done underthis Act in good faith.

82. In this Part, the word “inspector” includes amedical inspector, except in section 71(1)(a).

Power of inspector toconduct courtproceedings

Inspector not liable

“Inspector” defined

Penalty for unlawfuldisclosures

Inspector to producecertificate ofappointment


PART XIV

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

82A. In any proceedings for an offence under any ofthe relevant statutory provisions consisting of a failureto comply with a duty or requirement to do somethingso far as is practicable, or so far as is reasonablypracticable, or to use the best practicable means to dosomething, it shall be for the accused to prove, as thecase may be, that it was not practicable or notreasonably practicable to do more than was in fact doneto satisfy the duty or requirement, or that there was nobetter practicable means than was in fact used tosatisfy the duty or requirement.

83. (1) Notwithstanding anything contained inthis Act, but subject to subsection (2), where a personcontravenes a provision of this Act or any Regulationsmade thereunder or fails to comply with anyprohibition, restriction, instruction or directive issuedunder this Act or any such Regulations, he commitsan offence and is liable to be dealt with in accordancewith the provisions of the Summary Courts Act.

(2) A competent person, employer, occupier orowner of premises only commits an offence under thisAct or Regulations made thereunder if it is provedthat he failed to take reasonable steps to prevent thecommission of the offence.

(3) Where an offence under this Act orRegulations made thereunder is proved to have beencommitted with the consent, connivance oracquiescence of, or to have been facilitated by neglecton the part of a director, manager, secretary or otherofficer of a company, such director, manager,secretary or other officer, as well as the company, isliable to be proceeded against for the commission ofthe offence.

Criminal and otherremedies

Onus of provinglimits of what ispracticable, etc.


83A. An aggrieved person may apply to theIndustrial Court for redress and the Industrial Courtmay make an award in favour of the aggrievedperson and impose any penalty, other than aterm of imprisonment, that a summary court mayimpose in respect of that contravention or failure tocomply.

84. (1) Where an employer, occupier or owner isconvicted of an offence under this Act, the Court may,in addition to or instead of imposing a penalty, orderhim within the time specified in the order, to takesuch steps as may be specified for remedying thematters in respect of which the offence occurred, andmay, on the application of the employer, occupier orowner, extend the time so specified.

(2) Where an order referred to in subsection (1)is made, the employer, occupier or owner shall not beliable under this Act in respect of the continuation ofthe contravention during the time allowed by theCourt, but if, after the expiration of that time asoriginally specified or extended, the order is notcomplied with, the employer, occupier or owner, asthe case may be, commits an offence and is liable, onsummary conviction, to a fine of ten thousand dollars,for each day on which the non-compliance continuedafter the said expiration.

85. Subject to the provisions of this Act, anyperson who commits an offence under this Act forwhich no penalty is expressly provided, is liable, onsummary conviction to a fine of twenty thousanddollars and to imprisonment for one year, and if theoffence in respect of which he was convicted iscontinued after the conviction, he is liable to afurther fine of ten thousand dollars for each day onwhich the offence continues.

Power of Court toorder remedy

Penalty where noneis expressly provided

Redress


86. (1) Subject to subsections (2) and (3), where aperson dies, is critically injured or develops anoccasional disease in consequence of an employer,occupier or owner having contravened this Act, theemployer, occupier or owner shall, without prejudice toany other liability or right of action arising out of thedeath or critical injury or disease, be liable to a fine ofone hundred thousand dollars, or of an amountequivalent to three years pay of that person, whicheveris greater, and the whole or part of the fine may beapplied for the benefit of the victim or of his estate, orotherwise as the Court may determine.

(2) In the case of an occupational disease, theemployer, occupier or owner shall not be liable to a fineunder this section unless the disease resulted directlyfrom the contravention.

87. Where a young person is employed incontravention of this Act, the parent of the youngperson, as the case may be, commits an offence and isliable, on summary conviction, to a fine of five thousanddollars, unless it appears to the Court that thecontravention occurred without the consent,connivance, or wilful default of the parent.

88. Where a person—(a) forges or counterfeits a certificate required

by or for the purposes of this Act;(b) gives or signs a certificate knowing it to be

false in any material particular (hereinafterreferred to as “a false certificate”);

(c) knowingly utters or makes use of a falsecertificate;

(d) knowingly makes use of, as applying to aperson, a certificate which does not soapply;

Fines in case ofdeath or injury

Fine for offence byparent

Forgery ofcertificates, falseentries and falsedeclarations


(e) personates a person named in a falsecertificate;

(f) wilfully connives at forging, counterfeiting,giving, signing, uttering or making use of afalse certificate;

(g) wilfully makes a false entry in a register,notice, certificate or document required by,or for the purpose of, this Act to be kept,served or sent;

(h) wilfully makes or signs a declarationrequired by, or for the purpose of, this Actknowing the contents thereof to be false;

(i) knowingly makes use of a false entry orfalse declaration; or

(j) personates or pretends to be an inspector ormedical inspector,

he commits an offence and is, without prejudice to anyother liability, liable, on summary conviction, to a fineof twenty-five thousand dollars or to imprisonment forthree years.

89. (1) Where an employer, occupier or owner ischarged with an offence under this Act, he may make acomplaint against any person whom he alleges to be theactual offender and the proceedings against theemployer, occupier or owner and the person alleged tobe the actual offender may be heard and determined atthe same time.

(2) Where during proceedings instituted inaccordance with this section, the employer, occupier orowner is acquitted and the Court finds that the personalleged to be the actual offender committed the offence,that person is in addition to any other penalty, liable topay any costs incidental to the proceedings.

Provision foremployer, occupier orowner to exempthimself from liability


(3) Where an offence has been committedunder this Act and an inspector is satisfied—

(a) that the employer, occupier or owner hastaken reasonable steps to prevent thecontravention;

(b) as to the identity of the person who isalleged to have committed the offence; and

(c) that it was committed without theconsent, connivance or wilful default ofthe employer, occupier or owner, or indisobedience of his orders,

the inspector may proceed against the allegedoffender without first proceeding against theemployer, owner or occupier.

90. Where under any of the provisions of this Act,a person is substituted for the employer, occupier orowner, any order, summons, notice or proceedings,which for the purpose of those provisions is by thisAct required or authorized to be served or taken inrelation to the employer, occupier or owner, shall beserved on or taken in relation to that person.

91. (1) In proceedings under this Act, a complaintmay state the name of the ostensible employer,occupier or owner, as the case may require.

(2) Where, with respect to or in consequence ofany accident in an industrial establishment, a reportis made by a commission of enquiry or a coroner’sinquest is held, and it appears from the report orfrom the proceedings at the inquest that this Act wasnot complied with at or before the time of theaccident, summary proceedings against the personliable to be proceeded against in respect of such non-compliance may be commenced at any time within sixmonths after the making of the report or theconclusion of the inquest.

Proceedings againstpersons other thanemployers, occupiersor owners

Procedure forprosecution


(3) Subject to section 70 of the SummaryCourts Act, all fines imposed under this Act shall,except as otherwise expressly provided for in this Act,be paid into the Consolidated Fund.

92. Any person aggrieved by an order made by theCourt under this Act may appeal to the Court ofAppeal.

93. A complaint for an offence under this Act shallbe made within six months of the date on which thealleged commission of the offence came to theknowledge of an inspector.

94. (1) Where a person is found in an industrialestablishment when work is in progress or themachinery is in motion, except during the intervalsfor meals or rest, he shall, until the contrary isproved, be deemed for the purposes of this Act to beemployed in the factory.

(2) Where in proceedings under this Actinvolving a young person it appears to the Court thatthat young person is apparently of or below the agealleged by the complainant, the burden of proof is onthe defendant to prove that the young person is not ofor below that age.

(3) Where an entry is required by this Act tobe made in a register or record, the entry made by theemployer, occupier or owner, as the case may be, or onhis behalf shall, as against him, be prima facieevidence of the facts therein stated, and the fact thatan entry so required with respect to the observance ofa provision of this Act has not been made, shall beprima facie evidence that that provision has not beenobserved.

Appeal from orders ofCourt

Limitation of time forprosecution

Special provision asto evidence


95. A document required or authorized to be servedor sent under this Act may be served on or sent to—

(a) an individual, by delivering it to him orsending it by registered post to hisresidence;

(b) a firm, by delivering it to a partner of thefirm or sending it by registered post to theregistered office of the firm; and

(c) a body corporate—(i) by delivering it, to a person in a

position of responsibility at itsindustrial establishment orregistered office; or

(ii) by sending it by registered post toits industrial establishment orregistered office.

96. If by reason of an agreement between the ownerand the occupier of premises, the whole or a part ofwhich has been let as an industrial establishment, theowner or occupier is prevented from carrying outstructural or other alterations to the premises that arenecessary to enable him to comply with this Act, or inorder to conform with any standard or requirementimposed by or under this Act, the owner or occupier mayapply to the High Court, and the Court, after hearingthe parties and any witnesses whom they desire to call,may make an order setting aside or modifying the termsof the agreement as the Court considers just andequitable in the circumstances of the case.

97. (1) Where in premises, the whole or a part ofwhich has been let as an industrial establishment,structural or other alterations are required in order tocomply with this Act, or in order to conform with anystandard or requirement imposed by or under this Act,and there is disagreement as to who should pay theexpenses of such alterations, either party may apply tothe High Court for a resolution of the dispute.

Serving and sendingof documents

Power of Court tomodify agreements

Power of Court toapportion expenses


(2) On receiving an application under subsection (1),the High Court may, after hearing the parties and anywitnesses whom they desire to call and after havingregard to the terms of the contract between the parties,make such order concerning the apportionment ofexpenses as the Court considers just and equitable inthe circumstances of the case.

97A. All offences referred to as safety and healthoffences in this Act shall be determined by theIndustrial Court.

97B. All proceedings under this Act shall beinitiated no more than two years after the cause ofaction has arisen.

PART XV

MISCELLANEOUS

98. (1) The following Laws are hereby repealed:

(a) The Factories Ordinance;

(b) The Employment of Women (Night Work)Act; and

(c) The Gas Cylinders (Use, Conveyance andStorage) Act.

(2) Notwithstanding subsection (1), anyregulations, Orders or other statutory instrumentsmade under the Factories Ordinance shall continue inforce and are deemed to be made under sections 99and 100.

99. (1) The Minister may make regulations for thepurposes of promoting the safety, health and welfare ofemployees and generally for the purpose of carrying outthe provisions of this Act.

Ordinance and ActsrepealedCh. 30. No. 2

Chap. 88:12

Chap. 35:52

Determination ofsafety and healthoffences

Time limit

Power to makeRegulations


(2) Without prejudice to the generality ofsubsection (1) Regulations may—

(a) impose conditions on the use of, or requireanything to be done to or in connection withsystems of work, machinery or plant or aclass or description of machinery or plant;

(b) prescribe anything required to beprescribed by this Act;

(c) prohibit, limit or control the use of anymaterial or process;

(d) require special supervision, control,training or inspection of all persons or aclass of persons in connection with anymanufacture, machinery, plant, process ordescription of work;

(e) require the provision of protective clothingand devices, welfare facilities, or anyother thing necessary to promote thehealth and welfare of all employees or aclass of employee;

(f) impose duties on occupiers, owners,hirers, employers, employees and otherpersons;

(g) provide for the examination and testing ofmechanical or other devices required to beexamined and tested under this Act;

(h) declare as dangerous a process in whichpersons employed are exposed to seriousrisk of bodily injury, poisoning or disease;

(i) provide for the medical examination ofpersons employed or seeking to beemployed in a dangerous process, andprohibit the employment in the process ofsuch persons who are not certified asmedically fit for such employment;

(j) provide for the protection of personsemployed in a dangerous process and ofother persons in the vicinity of the placewhere that process is carried on;


(k) provide for the safety, health and welfareof persons employed in the constructionand maintenance of buildings, agri-cultural work, field operations and otheroutdoor activities;

(l) provide for the setting up of joint safetyand health committees comprisingrepresentatives from the management andlabour sectors;

(m) provide for the prevention of theovercrowding of industrial establish-ments, which regulations may authorizethe Chief Inspector after consultationwith the Chief Medical Officer, to issue acertificate exempting an occupier of anindustrial establishment from compliancewith any of those Regulations;

(n) provide for the imposition of fines notexceeding two hundred thousand dollarsfor any contravention thereof;

(o) provide for the payment of fees forservices rendered in accordance with thisAct; and

(p) provide for the qualification of safetypractitioners.

(3) Regulations made under this section shallbe subject to negative resolution of Parliament.

100. The Minister may, by Order—(a) amend the Schedule 1, subject to negative

resolution of Parliament; or(b) vary any fine, term of imprisonment or

other penalty provided for under this Act,subject to affirmative resolution ofParliament.

Power of Minister tomake certain Orders


SCHEDULE 1

[Section 4(1)]

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 ofaliphatic 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 ofbenzene 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, hydrogensulphide

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 compounds1.1.27 Diseases caused by copper or its compounds1.1.28 Diseases caused by tin or its compounds1.1.29 Diseases caused by zinc or its compounds1.1.30 Diseases caused by ozone, phosogene 1.1.31 Diseases caused by irritants: benzoquinone and other

corneal irritants1.1.32 Diseases caused by any other chemical agents not

mentioned in the preceding items 1.1.1 to 1.1.31, where alink between the exposure of a worker to these chemicalagents and the diseases suffered is established

1.2. Diseases caused by physical agents1.2.1 Hearing impairment caused by noise1.2.2 Diseases caused by vibration (disorders of muscles, tendons,

bones, joints, peripherals blood vessels or peripheralsnerves)

1.2.3 Diseases caused by work in compressed air1.2.4 Diseases caused by ionizing radiations1.2.5 Diseases caused by heat radiation1.2.6 Diseases caused by ultraviolet radiation1.2.7 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 adirect link between the exposure of a worker tothese physical agents and the diseases suffered isestablished

1.3 Diseases caused by biological agents1.3.1 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 diseases2.1.1 Pneumoconioses caused by sclerogenic mineral

dust (silicosis, anthracosilicosis, asbestosis) andsilicotuberculosis, provided that silicosis is an essentialfactor in causing the resultant incapacity or death

2.1.2 Bronchopulmonary diseases caused by hard-metal dust2.1.3 Bronchopulmonary diseases caused by cotton, flax, hemp or

sisal dist (byssinosis)

2.1.4 Occupational asthma caused by recognized sensitizingagents or irritants inherent to the work process


2.1.5 Extrinsic allergic alveolitis caused by the inhalation oforganic dusts, as prescribed by national legislation

2.1.6 Siderosis2.1.7 Chronic obstructive pulmonary diseases2.1.8 Diseases of the lung caused by aluminium2.1.9 Upper airways disorders caused by recognized sensitizing

agents or irritants inherent to the work process2.1.10 Any other respiratory disease not mentioned in the

preceding items 2.1 to 2.1.9, caused by an agent where adirect link between the exposure of a worker to this agentand the disease suffered is established

2.2 Occupational skin diseases2.2.1 Skin diseases caused by physical, chemical or biological

agents not included under other items2.2.2 Occupational vitiligo2.3 Occupational musculo-skeletal disorders2.3.1 Musculo-skeletal diseases caused by specific work activities

or work environment where particular risk factors arepresentExamples 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 agents3.1.1 Asbestos3.1.2 Benzidine and its salts3.1.3 Bis chloromethyl ether (BCME)3.1.4 Chromium and chromium compounds3.1.5 Coal tars, coal tar pitches or soots3.1.6 Beta-napthylamine3.1.7 Vinyl chloride3.1.8 Benzene or its toxic homologues3.1.9 Toxic nitro and amino-derivatives of benzene or its

homologues


3.1.10 Ionizing radiations3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the

compounds, products or residues of these substances3.1.12 Coke oven emissions3.1.13 Compounds of nickel3.1.14 Wood dust3.1.15 Cancer caused by any other agents not mentioned in the

preceding items 3.1.1 to 3.1.14, where a direct link betweenthe exposure of a worker to this agent and the cancersuffered is established

4. OTHER DISEASES

4.1 Miners’ nystagmus

SCHEDULE 2[Section 64(2)]

THE OCCUPATIONAL SAFETY AND HEALTHAUTHORITY RULES

1. These Rules may be cited as the Occupational Safety andHealth Authority Rules.

2. The Ministry shall provide the Authority with an office andother facilities, secretarial staff and other support services as theAuthority requires to efficiently perform its functions.

3. The appointment of a person, other than the ExecutiveDirector, as a member of the Authority shall be for a term of threeyears, but outgoing members are eligible for reappointment.

4. (1) The Chairman or Deputy Chairman may resign at anytime by instrument in writing addressed to the Minister.

(2) A member, other than the Chairman, Deputy Chairmanand the Executive Director, may resign at any time by instrumentin writing addressed to the Chairman, who shall cause it to beforwarded to the Minister.

5. The Minister may at any time revoke the appointment of aperson, other than the Executive Director, as Chairman or as amember of the Board and declare his office as a member to bevacant if satisfied that the person—

(a) has, without reasonable excuse, failed to attend themeetings of the Authority for a continuous period ofthree months; or

Citation

Office of theAuthority

Tenure of office

Resignation

Revocation ofappointment


(b) is incapacitated physically or mentally to such anextent as to impair his ability to perform his duties, oris otherwise unable or unfit to perform his duties;

(c) becomes bankrupt or suspends payments to hiscreditors;

(d) is convicted and sentenced to a term of imprisonment; or

(e) is convicted of an offence involving dishonesty.

6. The appointment of members of the Authority as firstconstituted and every subsequent appointment to the Authority orchange of membership shall be published in the Gazette.

7. The Authority shall meet—

(a) at least once every month; and

(b) at any other time as the Chairman may, in hisdiscretion, deem necessary for the performance of thefunctions of the Authority.

8. (1) The Chairman—

(a) may at any time call a special meeting of the Authority;

(b) shall call a special meeting within seven days ofreceiving a request, in writing, to do so signed by anythree members of the Authority;

(c) shall cause notices to be issued to all members inrespect of every special meeting.

(2) Every request for a special meeting shall includesufficient indication of the purpose of the requested meeting.

9. At any meeting of the Authority, seven members of theAuthority shall constitute a quorum.

10. The Chairman, or in his absence, the Deputy Chairman,shall preside over all meetings, except that where both theChairman and the Deputy Chairman are absent, the Authoritymay appoint one of the members present to preside at the meeting.

11. (1) Minutes of each meeting in proper form shall be keptunder the direction of the Executive Director.

(2) All decisions, resolutions and standing orders made bythe Authority shall be recorded in the minutes.

(3) The minutes shall be confirmed at the next meeting ofthe Authority and a copy of the minutes both when prepared andconfirmed shall be forwarded to the Minister.

Gazetting

Ordinary meetings

Special meetings

Quorum

Person to preside

Minutes


12. The decisions of the Authority shall be by a majority ofvotes of the members present and voting and in the case of anequality of votes, the person presiding may exercise a casting vote.

13. The Authority may co-opt any person to attend anyparticular meeting of the Authority for the purpose of assisting oradvising the Authority, but a co-opted person shall not have anyright to vote.

14. (1) The Authority may appoint a committee—

(a) to examine and report to it on any matter whatsoeverarising out of or connected with any of its duties andpowers; or

(b) to assist it in its business and may, for that purpose,delegate such duties and powers as it may considernecessary to that committee.

(2) A committee appointed under subrule (1) shall consistof at least one member of the Authority.

(3) Where persons not being members of the Authorityare members of a committee, the Authority may, with the priorapproval of the Minister, appoint them on such terms and at suchremuneration as the Minister may approve.

(4) The Authority may reject the report of a committeeappointed under subrule (1)(a) or adopt it either wholly or withsuch modifications, additions or adaption as the Authority maythink fit.

15. The members of the Authority shall be entitled to suchremuneration as the President may approve.

16. The Authority may make its own standing orders for theregulation of its proceedings.

Passed in the House of Representatives this 5th dayof December, 2003.

D. DOLLYActing Clerk of the House

Voting

Co-option

Committees

Remuneration ofmembers

Standing orders


IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than three-fifths ofall the members of the House, that is to say by thevotes of 32 members of the House.

D. DOLLYActing Clerk of the House

Passed in the Senate this 13th day of January, 2004.

N. JAGGASSARActing Clerk of the Senate

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed by the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than three-fifths of all the members ofthe Senate, that is to say by the votes of 26 Senators.

N. JAGGASSARActing Clerk of the Senate


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2004

Documents

OSH ACT