Safeguarding of Workers (Jersey) Law 1956

Jersey Law 2/1956 SAFEGUARDING OF WORKERS (JERSEY) LAW, 1956. ____________ A LAW to provide for the safeguarding of the health, safety and welfare of persons in employment, and for matters incidental thereto, sanctioned by Order of Her Majesty in Council of the 25th day of JANUARY, 1956. ____________ (Registered on the 25 th day of February, 1956 ) . ____________ STATES OF JERSEY. ____________ The 13th day of September, 1955. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION In this Law, unless the context otherwise requires – “the Committee” means the Insular Insurance Committee; 1 “the Court” means the Inferior Number of the Royal Court; “hirer”, “occupier” and “owner” include the attorney, guardian, curator, agent or other representative of the hirer, occupier and owner respectively; “inspector” has the meaning assigned thereto in Article 3 of this Law; “machinery” includes any driving strap or band; “machinery or plant”, in relation to a vessel, includes only such machinery or plant as, whether forming part of the ordinary equipment of that vessel or installed temporarily therein, is used in connexion with the loading or unloading of that vessel; “premises” includes any vessel; “regulation” means a regulation made under Article 2 of this Law; “responsible person” means – ( i ) in relation to any premises, other than a vessel, the occupier of those premises; (ii) in relation to any machinery or plant used on or about any premises, other than a vessel, the owner of that machinery or plant; (iii) in relation to any vessel and any machinery or plant forming part of the ordinary equipment of a vessel, the master of that vessel; (iv) in relation to any machinery or plant installed temporarily on a vessel, the owner of that machinery or plant, or if the owner is also the owner or charterer of the vessel, the master of that vessel; and (v) in relation to any process or description of manual labour , the employer of workers engaged therein, or, in the case of a worker engaged therein on his own account, that worker: Provided that, as regards any machinery or plant to which sub-paragraph (ii) or (iv) of this definition apply and which is the subject of a hiring agreement or hire purchase agreement, the expression “responsible person” means, during the currency of such agreement, the hirer thereunder to the exclusion of the person in whom the property therein vests, or, in the case of machinery or plant to which sub-paragraph (iv) of this definition applies, if such hirer is also the owner or charterer of the vessel wherein the same is installed temporarily, the master of that vessel; “worker” means a person gainfully occupied in employment. ARTICLE 2 POWER TO MAKE REGULATIONS (1) The States may make regulations providing for the safeguarding of the health, safety and welfare of workers and for matters ancilliary thereto, and generally for the purpose of carrying this Law into effect. ARTICLE 3 POWERS OF INSPECTION, ETC Any officer of the Committee, generally or specially authorized in writing in that behalf (in this Law referred to as an “inspector”) shall, for the purposes of the execution of this Law and of any regulation be entitled, subject to the production by him, if so required, of evidence of his authority, to do all or any of the following things, namely – (a) to enter, inspect and examine at all reasonable times any premises (being premises not used exclusively for human habitation) and every part thereof, when he has reasonable cause to believe that any worker is employed thereon; (b) to enter, inspect and examine at all reasonable times any premises, upon or in connexion with which an accident involving the death of or injury to any worker has occurred, and every part thereof, for the purpose of investigating the causes of such accident; (c) to make such examination and enquiry as may be necessary to ascertain whether the provisions of this Law and of any regulations are being complied with, so far as respects the premises and the workers employed thereon; (d) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Law or under any regulation every person whom he finds on the premises or whom he has reasonable cause to believe to be or to have been, within the preceeding two months, employed on the premises and to require every such person to sign a declaration respecting the matters on which he is so examined; and (e) to exercise such other powers as may be necessary for carrying this law and any regulation into effect: Provided that the inspector shall not exercise any powers under this Article for the purpose of investigating a matter which is the subject of a police enquiry save in conjunction with the Constable or Centenier conducting the enquiry: Provided further that no person shall be required under this Article to answer any question or to give any evidence tending to incriminate himself. ARTICLE 4 POWER TO INVESTIGATE AND REMOVE CAUSES OF ACCIDENTS, ETC (1) Where it appears to an inspector that any premises on which workers are employed or any part thereof or any machinery, plant, process or description of manual labour used by workers are, or are likely to be, dangerous or injurious to health or dangerous to life or limb but that the facts do not disclose a breach of any regulation, the inspector may, by notice served on the responsible person, require that person, within the forty-eight hours next following the receipt by him of the notice, to show cause in writing to the inspector why the Committee should not give to the responsible person directions for such action to be taken as, in its opinion, will remedy the defect. (2) If the responsible person does not show cause as aforesaid or if the Committee, after consideration of the cause shown by the responsible person, is not satisfied therewith, the Committee may by notice served on the responsible person give to that person a direction to take, within such period (not being less than fourteen days) as the Committee may determine such action as, in the opinion of the Committee, will effectively remedy the defect alleged to exist: Provided that no directions may be given under this paragraph in relation to matters to which regulations for the time being apply. ARTICLE 5 APPEALS (1) Any person aggrieved by a direction given under paragraph (2) of Article 4 of this Law may appeal to the Court within fourteen days from the date of the service of the relevant notice. (2) On any appeal under this Article, the Court may allow or dismiss the appeal or make an order modifying the direction appealed from, and the decision of the Court shall be final and without further appeal, but without prejudice to the right of the Court to refer the matter to the Superior Number of the Royal Court. ARTICLE 6 GENERAL PROVISIONS AS TO PENALTIES (1) If any person contravenes or attempts to contravene or fails to comply with any regulation or fails to comply with a direction given under paragraph (2) of Article 4 of this Law within the period within which the requirements of the direction are to be complied with, he shall be liable to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for each day during which the offence continues, and the Court may also – (a) empower the Committee, at the expense of the person convicted, to take any action required to be taken under such regulation or direction; and (b) direct that, until action has been taken which fully complies with such regulation or direction, the premises, machinery, plant, process or description of manual labour to which the regulation or direction relates, or such part thereof as may be specified by the Court, shall not be used or shall only be used in such manner as the Court may specify. (2) Where an appeal under Article 5 of this Law is abandoned or dismissed or the direction appealed against is modified, the reference in paragraph (1) of this Article to the period within which the requirements of the direction are to be complied with shall be construed as a reference to a period from the date on which the appeal was abandoned or dismissed, or the direction was modified, as the case may be, equal to the length of the first-mentioned period, or in the case of a direction which has been modified, to such longer period as the Court may allow. (3) Pending the hearing of any appeal under Article 5 of this Law, the Court, on the application of the Committee, may give any such direction as it might have given under sub-paragraph (b) of paragraph (1) of this Article in the case of a conviction under that paragraph. (4) Where the Committee is empowered by the Court to take such action as is mentioned in paragraph (1) of this Article, it shall be lawful for any person duly authorized in that behalf by the Committee, subject to the production by him, if so required, of evidence of his authority, at all reasonable times to enter the premises whereon such action is to be taken, and there to take such action as the Committee is empowered by the Court to take. (5) If, after the Court has directed that, pending the taking of action in regard to any premises, machinery, plant, process or description of manual labour , the same or some part thereof, shall not be used or shall only be used in such manner as is specified by the Court, any use thereof is made in breach of the direction of the Court, the responsible person shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. (6) The expenses incurred by the Committee pursuant to sub-paragraph ( a ) of paragraph (1) of this Article shall be recoverable as a civil debt due by the person convicted. (7) In paragraphs (1), (4) and (5) of this Article, the expression “the Court” is not restricted by its definition in Article 1 of this Law. ARTICLE 7 OBSTRUCTION, FALSE STATEMENTS, ETC (1) If any person – (a) wilfully delays or obstructs an inspector or other person in the exercise of any power conferred upon him by this Law or any regulation; or (b) fails to give any information or to make any declaration or to produce any document required by virtue of this Law or any regulation; or (c) fails to comply with any requirement made by an inspector or other person in pursuance of this Law or any regulation; or (d) prevents or attempts to prevent any person from appearing before or being examined by the Committee or an inspector or conceals or attempts to conceal any person required so to appear or be examined; he shall be liable to a fine not exceeding twenty pounds, and, in the case of a continuing offence, to a further fine not exceeding two pounds for each day during which the offence continues. (2) If any person, for any of the purposes of this Law or any regulation, knowingly gives any information or makes any declaration which is false in a material particular, he shall be liable to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. ARTICLE 8 PENALTY ON PERSONS ACTUALLY HAVING COMMITTED AN OFFENCE FOR WHICH A RESPONSIBLE PERSON IS LIABLE Where an act or default for which a responsible person is liable under this Law, is in fact, the act or default of some manager, agent, worker, servant or other person, that manager, agent, worker, servant or other person shall be guilty of an offence, and shall be liable to be prosecuted and punished accordingly. ARTICLE 9 POWER OF RESPONSIBLE PERSON TO EXEMPT HIMSELF FROM LIABILITY ON CONVICTION OF ACTUAL OFFENDER (1) Where the responsible person charged with an offence under this Law alleges that some other person (whether or not that person is his servant or agent) is the actual offender and makes an affidavit setting out the facts in support of his allegation, he and that other person shall be charged jointly with the offence, and if, after the commission of the offence has been proved, the responsible person proves to the satisfaction of the Court – (a) that he had used all due diligence to enforce the execution of this Law and of any relevant regulation made thereunder; and (b) that that other person has committed the offence in question without his consent, connivance or wilful default; that other person shall be convicted of the offence and the responsible person shall not be guilty of the offence. In any such case the prosecution shall have the right to cross-examine the responsible person if he gives evidence and any witnesses called in support of his allegation and to call rebutting evidence. (2) Where, at the time of discovering an offence, an inspector is satisfied – (a) that the responsible person has used all due diligence to enforce the execution of this Law; and (b) as to the person by whom the offence has been committed; and (c) that the offence has been committed without the consent, connivance or wilful default of the responsible person and in contravention of his orders; proceedings may be instituted against the person whom the inspector believes to be the actual offender and in such case it shall not be necessary to proceed against the responsible person. (3) In this Article, the expression “the Court” is not restricted by its definition in Article 1 of this Law. ARTICLE 10 LEGAL PROCEEDINGS Any appeal or other proceedings under this Law may be instituted, heard and determined either in term or in vacation. ARTICLE 11 NOTICES, ETC Any notice or other document required or authorized to be sent or served under or for the purposes of this Law may be sent or served either – (a) by delivering it to the person on whom it is to be sent or served; (b) by leaving it at the usual or last-known place of abode of that person or, in the case of a company, at its registered office or its principal place of business; or (c) by forwarding it by post addressed to that person at his usual or last-known place of abode or, in the case of a company, at its registered office or its principal place of business; or (d) by delivering it to some person on the premises to which it relates or, if there is no person on the premises, then by fixing it on some conspicuous part of the premises. ARTICLE 12 SHORT TITLE AND COMMENCEMENT This Law may be cited as the Safeguarding of Workers (Jersey) Law, 1956, and shall come into force on the first day of the third month following that in which it is promulgated. To be printed, published and posted. F. DE L. BOIS, Greffier of the States. 1 Committee now referred to as the Social Security Committee (R. & O. 3906).