THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2004 Act No. 1 of 2004 Arrangement of Sections PART I PRELIMINARY 1. 2. 3. 4. 5.

Short title Commencement Act inconsistent with the Constitution Interpretation General application of Act

PART II GENERAL DUTIES 6. General duties of employers to their employees 7. General duties of employers and self-employed persons to persons 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 provided pursuant to Act 12. Certain charges prohibited 13. General duties of manufacturers and suppliers PART III RIGHTS 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 machines 23. Protective clothing and devices 24. Removal of dust and fumes 25. Dangerous fumes and lack of oxygen in confined spaces 25A. Effective safeguarding of machinery

25B. 25C. 25D. 25E. 25F. 25G. 25H. 25I. 25J. 25K.

Prime movers Transmission machinery Other machinery Establishment of safety and health Functions of safety and health committee Risk assessment Construction and maintenance of fencing Construction and sale of new machinery Cleaning of machinery in motion Health surveillance PART V FIRE

26. 27. 28. 29. 30. 30A.

Means of escape in case of fire Safety provisions in case of fire Instructions as to use of means of escape in case of fire Provision for adequate fire-fighting equipment Power of Chief Inspector to conduct court proceedings Compliance with provisions PART VI HEALTH

31. 32. 33. 34. 35. 36. 37. 38.

Cleanliness Respiratory protection Lighting Noise and vibration Overcrowding Ventilation Medical examination of persons employed in industrial establishments Power to require medical supervision PART VII WELFARE

39. 40. 41. 42. 43. 44. 45. 45A. 45B.

Drinking water Washing facilities Sanitary Accommodation for clothing First aid appliances Canteens Restrooms and lunchrooms Application of the Part Compliance with provisions

PART VIII NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INDUSTRIAL DISEASES

46. 47. 48. 49. 50. 51. 52.

Notification of accidents Preservation of scene Notification of occupational diseases Autopsy in cases of death by accident or occupational disease Inquest in the case of death by accident or occupational disease Enquiry into accidents and cases of occupational disease Medical inspector to investigate and report PART IX EMPLOYMENT OF YOUNG PERSONS

53. 54. 55. 56.

Young persons to have certificate of fitness Hours of employment for young persons Duty to maintain register Power to require medical examination PART X SPECIAL APPLICATION AND EXTENSION

57. 58.

Provision re: lease of part of premises as a separate industrial establishment Application of Act to institutions PART XI SPECIAL PROVISIONS IN RESPECT OF FACTORIES, BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION

59. 60. 61. 62. 63.

Construction and alteration of factories Notice of occupation of factory and use of mechanical power Postings Periodical returns of factory employees Building operations and works of engineering construction PART XII THE OCCUPATIONAL SAFETY AND HEALTH AUTHORITY

64. 65. 66. 67. 68.

Establishment of the Authority Composition of the Authority Functions of the Authority Approval of codes of practice Use of approved codes of practice in criminal proceedings PART XIII ADMINISTRATION

69. Establishment of the Agency 69A. Transfers

70. 71. 72. 73. 74. 75. 76. 77. 77A. 78. 79. 80. 81. 82.

Duties of Chief Inspector Inspectors and medical inspector Powers of inspectors Power to take samples Power of inspectors re: dangerous conditions and practices Preservation of registers and records Protection against victimization of employees Source of complaints not to be divulged Redress Penalty for unlawful disclosures Inspector to produce certificate of appointment Power of inspectors to conduct court proceedings Inspector not liable Inspector defined PART XIV OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

82A. 83. 83A. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 97A. 97B.

Onus of proving limits of what is practicable, etc. Criminal and other remedies Redress Power of Court to order remedy Penalty where none is expressly provided Fines in case of death or injury Fine for offences by parent Forgery of certificates, false entries and false declarations Provision for employer, occupier or owner to exempt himself from liability Proceedings against persons other than employers, occupiers or owners Procedure for prosecution Appeal from orders of court Limitation of time for prosecution Special provisions as to evidence Serving and sending of documents Power of Court to modify agreements Power of Court to apportion expenses Determination of safety and health offences 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

AN ACT respecting the safety, health and welfare of persons at work [Assented to 30th January, 2004]