Occupational Safety and Health Act, 2006

Section Commencement Section This Act shall come into force on a date to be appointed by the Minister by statutory instrument and different dates may be appointed for the commencement of different provisions.

Section Interpretation Section In this Act, unless the context otherwise requires— “ air receiver ” means any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air, connected with an air compressing plant or any fixed vessel for containing compressed air or compressed exhaust gases, used for the purpose of starting an internal combustion engine; “ area under the influence of ” includes any area where the fall of the contaminant released directly or indirectly from an undertaking may come to rest or be present and cause its deleterious effect whether in its original form or in a chemically modified form through natural processes having been carried there by prevailing wind, rain water run-off or by any other natural agent, and any area where dangerous levels of the contaminant may be present and cause its effects, having been taken there through the effluent or other waste disposal methods used at the undertaking; “ article ” means solid, liquid or gas or any of their combination or any plant designed for use or operation (whether exclusively or not) by persons at work or any article designed for use as a component in any...

Section Establishment of the Occupational Safety and Health Board Section There is established the Occupational Safety and Health Board. The Minister shall, by statutory instrument, prescribe the membership of the Occupational Safety and Health Board. The Board shall give expert advice to the Minister on matters concerning occupational safety and health , welfare and the working environment . A person appointed to the Occupational Safety and Health Board shall hold office for a period to be specified by the Minister in the instrument of appointment. The salaries and emoluments of the members of the Occupational Health and Safety Board shall be determined by the Minister , with the approval of the Minister responsible for finance.

Section Advisory panels Section The Minister may appoint an advisory panel as he or she may from time to time think necessary, to give advice or assistance on any workplace process , chemical, hazard, injury or disease.

Section Terms of service of members of advisory panels Section A person appointed to an advisory panel, shall hold office for a period to be specified by the Minister in the instrument of appointment. The salaries and emoluments of the members of an advisory panel shall be determined by the Minister with the approval of the Minister responsible for finance.

Section Appointment of inspectors Section Subject to any written law relating to the appointment of a person to the public service, there shall be appointed a Commissioner and any other inspectors as are necessary for the purposes of this Act. Notice of the appointment of an inspector shall he published in the Gazette . Every inspector shall be provided with a certificate of appointment, and shall while visiting a workplace to which this Act applies if required, produce the certificate to an occupier or to a person holding a responsible position of management at the workplace .

Section Administration of the Act Section The Commissioner shall be responsible for the administration of this Act.

Section Duty of confidentiality by inspectors Section An inspector shall treat as confidential the source of any complaint of a contravention of this Act, brought to his or her notice and shall not disclose to an occupier or his or her representative, that the visit is made in consequence of the complaint. An inspector who contravenes subsection (1) commits an offence.

Section Powers of inspectors Section An inspector shall, for the purpose of the execution of this Act, have power— to take possession of any article or substance discovered and detain it for so long as is necessary for all or any of the following purposes— to enter, inspect, and examine, during the day or at night any workplace and every part of it, where he or she has reasonable cause to believe that any person is employed in it; to enter, inspect and examine during the day, any place which the inspector has reasonable cause to believe to be a workplace and any building of which a workplace forms part and in which he or she has reasonable cause to believe that explosives or highly inflammable materials are stored or used and to exercise such powers as may be necessary to inspect any machinery , plant , appliance, fitting or chemical in the workplace ; to be accompanied by a police officer to a workplace to be inspected and examined, where he or she has reasonable cause to encounter any serious obstruction in the execution of his or her duty; to require the production of registers, certificates, notices and documents kept under this Act and to inspect, examine and make copies of an...

Section Occupier to accord facilities to inspectors Section An occupier of a workplace or his or her agents, shall furnish the means required by an. inspector , necessary for an entry, inspection, examination, inquiry, the taking of samples or any alterations, for the exercise of his or her powers, in relation to that workplace .

Section Causing delay to, or obstruction of inspectors Section A person shall be deemed to obstruct an inspector in the execution of his or her duties where that person— wilfully delays an inspector in the exercise of his or her duties or fails to comply with a request of an inspector ; fails to produce any register, certificate, notice or document which is required under this Act; wilfully withholds any information regarding the occupier of a workplace ; conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector . Where an inspector is obstructed in any workplace , the occupier of the premises commits an offence. A person who obstructs an inspector commits an offence and is liable, on conviction to a fine not exceeding forty eight currency points, or a term of imprisonment not exceeding one year or both.

Section Powers of inspector to prosecute Section An inspector may prosecute or conduct, as the case may be before a magistrate’s court any charge, information, complaint or other proceeding arising under this Act, or in the discharge of his or her duty. Where prosecution is brought at the instance of an inspector or where prosecution is conducted by an inspector , an objection to the competency of the inspector to give evidence as a witness in the prosecution shall not be sustained.

Section Duty of employers to protect workers Section It is the responsibility of an employer— to ensure, as far is reasonably practicable, that the working environment is kept free from any hazard due to pollution by- Without prejudice to the generality of an employer’s duty in subsection (1), the matters to which the duly extends shall include in particular— to take, as far as is reasonably practicable, all measures for the protection of his or her workers and the general public from the dangerous aspects of the employer’s undertaking at his or her own cost; employing technical measures, applied to new plant or processes in design or installation, or added to existing plant or processes; or employing supplementary organisational measures. the provision and maintenance of plant and systems of work that give, as far as is reasonably practicable, a safe working environment including its vicinity; arrangements for ensuring, as far as is reasonably practicable, safety and absence of risks to health , in connection with the use, handling, storage and transport of articles and substances; the provision of adequate and appropriate information, instructions, training and supervision necess...

Section Safety and health measures of employers Section An employer who has at least twenty workers at a workplace shall— prepare, and as often as may be appropriate, revise a written statement of policy with respect to the safety and health of employees while at work; make arrangements for carrying out the statement of policy; bring the statement of policy and any revision of it to the notice of all the employees. The guidelines for writing and checking the statement of policy are specified in Schedule 2.

Section Safety representatives Section The Minister shall make regulations to provide for the appointment, in prescribed cases, of safety representatives. It shall be the duty of every employer to consult a safety representative in the making and sustenance of arrangements, which enable the employer and the workers to co-operate effectively in promoting the development of measures to ensure the safety and health of employees.

Section Safety committees Section It shall be the duty of every employer, if requested to do so by safety representatives, to establish in accordance with regulations , a safety committee for a workplace with at least twenty workers. The safety representatives shall represent employees on a safety committee. A safety committee shall keep under review the measures taken to ensure the safety and health of employees and any other functions as may be prescribed.

Section Employer to consult with workers' organisations Section To give effect to this Act, an employer shall act in consultation with a workers’ organisation and this consultation shall include— consultation on the role of the workers’ organisation in the practical implementation of measures prescribed under this Act; as far as possible, providing close collaboration at all levels, between the employer and the workers in the application of the measures prescribed under this Act. A representative of the employers and a representative of the workers shall accompany an inspector or any other authorised person supervising the application of any measures prescribed under this Act, except where the inspector or authorised person is of the view that the accompaniment shall prejudice the performance of his or her duties.

Section Employer to monitor and control the release of dangerous substances into the environment Section Where there is major handling of chemicals or any dangerous substance which is liable to he airborne or to be released into rivers, lakes or soil and which are a danger to the animal and plant life, it shall be the duty of the concerned employer to arrange for equipment and apparatus to monitor the air, soil, and water pollution and to arrange for the actual monitoring of these mediums, with a view of rendering them safe from the dangerous undertaking. Records of monitoring in subsection (1) shall he kept and made available to an inspector .

Section Employer to provide protective gear Section Without prejudice to the duty in subsection (2), where the level of air pollution and chemical substances in a working environment exceed the exposure limits specified by an occupational hygienist, an employer shall provide adequate and suitable protective clothing and protective equipment to the workers of his or her undertaking. It shall be the duty of an employer to ensure that personal protective equipment provided under subsection (1) is used whenever it is required.

Section Employer to provide alternative suitable employment Section Where an assignment involves continuous exposure to dangerous emissions or to substances and agents which are harmful to health , and it is certified to be medically inadvisable to continue the exposure, it shall be the duty of the employer to provide the worker concerned with suitable alternative employment.

Section Employer to supervise health of workers Section Subject to any conditions determined by the Commissioner , every employer shall provide for the supervision of the health of the workers exposed to or liable to be exposed to occupational hazards due to pollution and other harmful agents in a working environment and this duty shall include— a pre-assignment medical examination of workers; before assignment to specific tasks which may involve danger to their health or of that of others; periodic medical examinations of workers during employment which involves exposure to a particular hazard to health ; biological monitoring or investigations which may be necessary to control the degree of exposure and to supervise the state of health of the worker concerned; regular medical examinations for biological or other tests or investigations after termination of assignments which may cause or contribute to future health impairment. In any case as may be prescribed by the Commissioner , an employer shall make adequate arrangements to provide occupational health service in an undertaking, to secure adequate health for the workers and for any other persons in the area under the influence...

Section Medical records of workers to be kept Section It shall be the duty of an employer to keep and maintain records of the medical examination information obtained under section 21 , in a format and for a period to be prescribed by the Minister, and to avail these records for epidemiological and other research. To the extent determined by the Commissioner , records kept under this section shall include information on occupational exposure to air pollution and other harmful agents.

Section Employers’ duty to persons other than employees Section It is the duty of an employer to conduct his or her undertaking in a way that ensures, as far as is reasonably practicable, that any person who is not in his or her employment but who may be affected by the undertaking, is not exposed to risks to his or her health and safety. Where two or more employers undertake activities simultaneously at one workplace , they shall have a duly to collaborate, in order to comply with the prescribed measures, without prejudice to the responsibility of each of the employers, for his or her workers.

Section Self-employed’s duty to himself or herself and third parties Section A self-employed person shall conduct his or her undertaking in a way that ensures, as far as is reasonably practicable, that he or she and any other person who may be affected by the undertaking is not exposed to risks to his or her health or safety.

Section Employer to display guide safety precautions Section Every employer, including a self-employed person shall— display or provide guide safely precautions to any persons who may be affected by the manner in which the employer conducts his or her undertaking, whether or not that person is his or her worker ; display all information in his or her possession or control concerning the way in which he or she conducts the undertaking, which may affect any person’s health or safety.

Section Duty to provide safe premises Section For the purposes of subsection (1), a person shall be treated as the person who has control of the premises to which an obligation extends, where that person has, by virtue of any contract or tenancy, an obligation to— It shall be the duty of a person, who has to any extent, control of premises to which this Act applies, to provide the means of access to and exit from the premises or any plan or substances in the premises and to take any measures that are reasonable for a person in Ills or her position to ensure, as far as is reasonably practicable, that the premises remain safe and without risk to health . maintain or repair the premises or any means of access to or exit from the premises ; or the safety of or the absence of risk to health arising from a plant or substances in the premises .

Section Duty of controller of premises to keep air free of pollutants Section It is the duty of a person with control of premises to which section 26 applies, to use the best practicable means to prevent the emissions into the atmosphere from the premises, of toxic or offensive substances and to render harmless and inoffensive any substances that may be emitted.

Section General safety requirements Section All floors, steps, passages, walkways and gangways, including any supports or supporting structure, shall— A staircase shall have— There shall, as far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has to work at any time. be soundly constructed and properly maintained ; as far as is reasonably practicable, be kept free of obstructions which may cause a worker to fall or suffer any other injury; be kept free of any substance likely to cause an employed person to slip. The staircases on the premises inside and outside a building shall have hand-rails and guard-rails which shall be properly maintained at all times. at least one hand-rail throughout the length of the staircase; a hand-rail on the open sided section and a lower rail in the gap between the hand-rail at the open-sided section and the tread-level, unless that gap is filled in a way that prevents persons from falling through. Where a staircase or any part of it is specifically liable to cause an accident because of its construction, or for any other reason, there shall be a handrail on each side of the staircase. A...

Section General duties of manufactures, suppliers and transporters Section It is the duty of a person who designs, manufactures, imports or supplies any article , chemical substance or mixture of chemical substances, for use at work— to ensure, as far as is reasonably practicable, that the article or chemical substance or mixture of chemical substances is designed or constructed or formulated to be safe and without risk to health when used properly and for the purpose for which it is meant; to carry out or arrange for the carrying out of any testing and examination that may be necessary for the performance of the duty imposed on him or her by section 27 , properly and for the purpose for which it is meant; to take any steps that are necessary to ensure that there is available in connection with the use of the article , chemical substance or mixture of chemicals at work, adequate and clear information about the use for which the article , chemical substance or mixture of chemicals is designed and that it is tested, and that any conditions necessary to ensure that, when put to use, it will be safe and without risks to health . A duty imposed on any person by this Act shall extend onl...

Section Joint and several liability of suppliers and receivers Section Where a person, in this section referred to as “the supplier”, designs, manufactures, imports or supplies any article , a chemical substance or mixture of chemical substances, to another person, in this section referred as “the receiver”, the receiver and the supplier shall be jointly and severally liable to ensure the safety of the article , chemical substance or mixture of chemical substances. Not withstanding subsection (1), a receiver is not liable for any loss or injury arising from any inherent defect of any article , chemical substance or mixture of chemical substances.

Section Duty of effective supplier Section Where a person, in this section referred to as the “the ostensible supplier”, supplies any article or chemical substance for use at work, to another person, in this section referred to as “the customer”, under a hire-purchase agreement or conditional sale agreement or credit-sale agreement, financed by a third person, in this section referred to as the “effective supplier”, the effective supplier and not the ostensible supplier shall be treated, for the purpose of the transaction as supplying the article or substance to the customer. Any duty imposed by this Part on a supplier shall accordingly fall on the effective supplier and not on the ostensible supplier, except in cases of inherent defects in the article or substance supplied.

Section Duty of designer or manufacturer to pre-test articles Section It is the duty of any person who designs or manufactures any article for use at work, to carry out or to arrange to carry out any research necessary for the discovery and, as far as is reasonably practicable, to eliminate or minimize any risk to health or safety, which the design or article may give rise to.

Section Approved tests, examinations or research not to be repeated Section Nothing in this Act shall be taken to require a person to repeat any testing, examination or research which has been carried out by any person, where it is reasonable for him or her to rely on results of a previous examination or research.

Section Importers to get relevant information Section In circumstances to be prescribed by the Government occupational hygienist, it shall be the duty of a person who imports any article or chemical substance for use at work, to obtain adequate research information of its toxicity and harmful effects to the health of any worker exposed to it and to avail this information to any person concerned, in order to eliminate or minimize any risks to health or safety which the article or chemical substance may give rise to.

Section Pre-authorisation in cases of highly toxic chemical substances Section The manufacture, supply, transport, use or disposal of chemical substances in a working environment , which the Government chemist or any other authority mandated by law considers highly toxic, or dangerous or capable of causing grave harm to health , the environment, or an undertaking shall be subject to specific authorisation by the Government chemist or other authorities, after measures are taken to ensure adequate protection.

Section Commissioner to keep register Section Notwithstanding the requirement of subsection (2), a person may begin to occupy or use any premises as a workplace , less than one month after the notice required by this subsection has been served where— The Commissioner shall keep a register of all workplaces, in the prescribed format. A person shall, not less than one month before he or she begins to occupy or use any premises as a workplace , serve on the Commissioner , a notice with the particulars prescribed in Schedule 3. the Commissioner issues in his or her name a certificate of registration under section 41 ; or before serving the notice, the person takes over the premises from another person without changing the nature of the work and the notice is served as soon as practicable and in any case within one month of taking over the premises .

Section Certificate of registration Section Upon receipt of a notice in accordance with section 40 , the Commissioner shall cause, after the appropriate fee is paid, a workplace to be registered and shall issue to an occupier a certificate of registration, in his or her name, in the form prescribed in Schedule 4. A person shall, within six months from the time of occupying a registered workplace , be served with a notice by the Commissioner , requiring the occupier to set up a safety committee, where applicable. A certificate of registration shall bear an embossed stamp of the Occupational Safety and Health Department and shall be renewable every three years. On the commencement of this Act, an occupier of a workplace which is already registered, shall return the certificates of registration, to the Commissioner who shall issue a new certificate bearing the embossed stamp referred to in subsection (3), on the payment of the prescribed fee. A person who occupies or uses any premises as a workplace contrary to section 40 and this section commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or to imprisonment for a term not exceeding one...

Section Construction on workplaces to be approved by Commissioner Section A plan and any architectural drawings of a new workplace and of any alterations of an existing workplace shall be submitted to the Commissioner for approval, before the construction of buildings or alterations of existing buildings of workplaces begins.

Section Commissioner may vary register Section The Commissioner may vary or delete an entry in the register of workplaces, in respect of any premises , where he or she is satisfied that the variation or deletion has become necessary, to maintain the accuracy of records, and may, in the same instance, vary the certificate of registration issued in respect of the premises .

Section Commissioner to be notified on use of mechanical power Section An occupier shall notify the Commissioner in writing, of the full particulars of any mechanical power used at a workplace , not less than one month before the date upon which the mechanical power is first used in the workplace .

Section Duty of workers to take care Section It is the duty of every worker while at work- to take reasonable care for the health and safety of himself or herself and of any other person who may be affected by his or her acts or omissions at work; and as regards any duty or requirement imposed on an employer or any other person, by or under a statutory provision, to cooperate with the employer, as far as is necessary, to enable the duty or requirement to be performed or complied with. It is the duty of the representatives of the workers in an undertaking to cooperate with an employer in all measures to eliminate or minimize risks to health and safety at work provided in this Act and any other law.

Section Duty to report dangerous situation to immediate supervisor Section It is the duty of a worker to report immediately to a supervisor any situation which the worker has reasonable grounds to believe presents an imminent or serious danger to his or her life or health or to the life or health of any other persons in the premises . Where a worker makes a report under subsection (1), until the employer takes remedial action, where necessary, the employer shall not require the worker to return to a work situation where there is continuing imminent or serious danger to life or health .

Section Workers' right to move away from dangerous situation Section A worker who removes himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health shall not be punished or subjected to undue consequences, provided the danger is confirmed by the Commissioner .

Section Workers not to be penalized for complying with Act Section An employer shall not levy or permit to be levied on any worker any penalty in respect of anything done or provided under this Act.

Section Reckless or intentional interference with safety measures Section A person who intentionally or recklessly interferes with or misuses anything provided in the interest of health , safety or welfare under this Act, commits an offence.

Section Buildings at workplace to be of sound construction, etc Section Every building used as a workplace shall— Where a worker has to work in, or in the course of his or her work to pass through, any part of a building, that part of the building shall be of sound construction and shall be kept in a good state of repair. be designed to protect workers from the weather; have a water-tight roof; and be free from any significant amount of dampness that is liable to affect the safety of the building or the health of the workers. Where any process carried out in a workplace renders the floor of a building of the workplace liable to be wet to an extent that necessitates the wetness to he removed by drainage, a drainage system shall be provided and maintained in the building.

Section Workplaces to be kept clean Section Without prejudice to die generality of subsection (1)— inside walls and partitions, ceilings or tops of rooms, walls, sides, tops of passages and staircases, shall- Every workplace shall be kept in a clean state and free from effluvia arising from any drain, sanitary convenience or other nuisance, any accumulation of dirt and refuse shall be removed daily by a suitable method from the floor and benches of workrooms, and from the staircases and passages; the floor of every workroom shall be cleaned at least once in every week by an effective and suitable method; where they have a smooth impervious surface; be washed with hot water and soap or cleaned by some other suitable method; at least once every fourteen months; where they are kept painted with oil paint or varnished, be re-painted or re-varnished at least once every seven years, and at least once every fourteen months be washed with hot water and soap or cleaned by some other suitable method; and in any other case, be kept whitewashed or colour-washed and the whitewashing or colour-washing be repeated at least once every fourteen months.

Section Healthy and safe working environment Section A suitable room temperature shall be secured for workers in buildings, having regard in any workplace , to the numbers of workers, the ventilation and air movement, the air humidity and temperature of the surroundings. A workplace shall not, while work is being carried on, be so over-crowded, so as to cause risk of injury to the health of the workers. Every workroom shall not be less than three metres in height, measured from the floor to the lowest point of the ceiling or where there is no ceiling, to the lowest point of the roofing material. There shall be made an effective and suitable system for securing and maintaining the circulation of fresh air, in each workroom. Where mechanical means of ventilation are used, they shall not be regarded as satisfactory unless they provide a supply of air that adequately removes odours and contamination of the atmosphere that arises from human occupation of the room.

Section Workplaces to have suitable lighting Section Suitable lighting, whether natural or artificial, shall be secured and maintained in every part of a workplace in which any person works or passes. All glazed windows and skylights used for lighting workrooms shall, so far as is practicable, be kept clean on both the inner and outer surfaces and free from obstruction, except in cases of whitewashing or shading of windows and skylights, for the purpose of mitigating heat or glare. All apparatus provided for producing artificial lighting shall be properly maintained .

Section Provision of adequate sanitary conveniences Section In any building where work is carried out— where persons of both sexes are or are intended to be employed, except in the case of buildings where the workers are all members of the same family, the conveniences shall have- sufficient and suitable sanitary conveniences for the workers shall be provided, maintained and kept clean; effective provisions shall be made for lighting the conveniences; proper, separate accommodation for persons of each sex; separate approaches for each sex; and the conveniences for each sex shall be indicated by a suitable notice.