Occupational Safety and Health Act, 2006

The Act comes into force on a date to be appointed by the Minister by statutory instrument, and different provisions may commence on different dates.

This section provides definitions of terms used in the Act, e.g. "air receiver", "authorised person", and "Commissioner".

The provision establishes the Occupational Safety and Health Board; the Minister must prescribe the Board's membership by statutory instrument, the Board must give expert advice to the Minister on occupational safety and health, appointed members must hold office for a period specified by the Minister, and the Minister determines members' salaries with approval of the Minister responsible for finance.

The Minister may appoint an advisory panel to give advice or assistance on workplace processes, chemicals, hazards, injuries or diseases.

Appointed advisory panel members must hold office for the period the Minister specifies in their instrument of appointment; the Minister must determine members' salaries and emoluments with approval of the Minister responsible for finance.

Inspectors must produce their certificate of appointment to an occupier or a responsible manager when visiting a workplace to which the Act applies, if required.

The Commissioner is responsible for administering the Act.

Inspectors must keep confidential the source of any complaint about contraventions and must not tell an occupier or their representative that the visit resulted from that complaint; contravening this duty is an offence.

An inspector is granted multiple powers for executing the Act, including entering and inspecting workplaces (day or night), taking possession of articles, requiring documents, examining persons, taking samples and measurements, conducting medical examinations (if an occupational physician), and securing dangerous substances as evidence.

An occupier of a workplace or their agents must provide inspectors with the means necessary to enter, inspect, examine, inquire, take samples or make alterations to exercise their powers in relation to the workplace.

Obstructing an inspector is an offence; on conviction a person is liable to a fine not exceeding forty eight currency points, or to a term of imprisonment not exceeding one year, or both.

An inspector may prosecute or conduct 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.

Employers must, so far as reasonably practicable, ensure the working environment is free from pollution hazards and take measures (including providing information, training, PPE, and safe plant and access) to protect workers and the public at their own cost.

Employers with at least twenty workers must prepare and, as appropriate, revise a written safety and health policy, make arrangements to implement it, and notify all employees of the policy and any revisions.

Every employer must consult a safety representative when making and maintaining arrangements to enable employer-worker cooperation on safety and health measures.

Every employer must establish a safety committee for any workplace with at least twenty workers if safety representatives request it, and safety representatives and the safety committee have specified roles.

An employer must act in consultation with a workers’ organisation when giving effect to this Act; consultation must include specified collaboration and representatives must accompany inspectors except where accompaniment would prejudice duties.

If chemicals or other dangerous substances are handled on a major scale and risk release into air, rivers, lakes or soil, the concerned employer must provide equipment and carry out monitoring of air, soil and water, keep monitoring records, and make those records available to an inspector.

An employer must provide suitable protective clothing and equipment to workers when air pollution or chemical levels exceed exposure limits, and must ensure such equipment is used when required.

If a worker is continuously exposed to dangerous emissions or harmful substances and continuation is medically inadvisable, the employer must provide that worker with suitable alternative employment.

Every employer must provide supervision of workers' health where they are exposed or liable to be exposed to occupational hazards, including medical examinations, monitoring, and informing workers of hazards; subject to any conditions the Commissioner determines.

Employers must keep and maintain medical examination records obtained under section 21 and make them available for epidemiological and other research, in a format and for a period prescribed by the Minister.

Employers must run their undertakings so that non-employees who may be affected are not exposed to health and safety risks; where multiple employers work simultaneously at one workplace they must collaborate to comply with prescribed measures.

A self-employed person must conduct their undertaking so that, as far as is reasonably practicable, they and anyone affected are not exposed to risks to health or safety.

Every employer, including self-employed persons, must display or provide guide safety precautions to persons who may be affected by how the employer conducts the undertaking and must display information in their possession or control that may affect any person’s health or safety.

Persons who have any control of premises to which the Act applies must provide means of access and exit and take reasonable measures so the premises are safe and without risk to health.

Persons controlling premises to which section 26 applies must use the best practicable means to prevent emissions of toxic or offensive substances and render any emitted substances harmless and inoffensive.

Require safe means of access and safety measures for floors, staircases, openings, ladders, machines, excavations, tanks and storage to prevent falls, slips and other injuries.

Persons who design, manufacture, import or supply articles or chemical substances for use at work must ensure the items are safe when used properly, must carry out or arrange necessary testing, and must ensure adequate clear information and conditions for safe use.

When a person supplies an article, chemical or mixture, both the supplier and the receiver must ensure its safety; however a receiver is not liable for loss from any inherent defect.

When a supply is financed by a third person (the effective supplier), the effective supplier — not the ostensible supplier — is treated as supplying the article or substance and bears duties imposed on a supplier, except for inherent defects.

Designers or manufacturers of articles for use at work must carry out or arrange necessary research and, as far as reasonably practicable, eliminate or minimise risks to health or safety arising from the design or article.

A person is not required to repeat testing, examination or research if it is reasonable to rely on earlier results.

Importers must obtain and make available adequate research information on toxicity and harmful effects of imported articles or chemical substances used at work.

Certain activities involving chemical substances deemed highly toxic in a working environment must obtain specific authorisation from the Government chemist or other mandated authority after protective measures are taken.

Workers must take reasonable care for their own health and safety and that of others while at work, cooperate with employers to enable statutory duties to be complied with, and worker representatives must cooperate with employers to eliminate or minimize workplace risks.

Workers must immediately report to a supervisor any situation they reasonably believe presents imminent or serious danger to life or health; employers must not require workers to return to such dangerous situations until remedial action is taken.

A worker who leaves a work situation they reasonably believe presents an imminent and serious danger to life or health shall not be punished or subjected to undue consequences, provided the danger is confirmed by the Commissioner.

An employer must not impose or allow any penalty on a worker for anything done or provided under this Act.

It is an offence for a person to intentionally or recklessly interfere with or misuse anything provided in the interest of health, safety or welfare under this Act.

Every building used as a workplace must be soundly constructed and maintained, protect workers from the weather, have a water-tight roof, and be free from significant dampness.

Every workplace must be kept clean and free from foul smells; dirt and refuse must be removed daily and workroom floors cleaned at least once a week.

The section sets requirements for workplace temperature, crowding, minimum workroom height, and ventilation to ensure healthy and safe working environments.

Workplaces must have suitable lighting (natural or artificial) maintained in every part where any person works or passes.

Where work is carried out in a building in which both sexes are or are intended to be employed (except where all workers are members of the same family), sufficient and suitable sanitary conveniences must be provided, maintained and kept clean, with lighting, separate accommodation and separate approaches for each sex, and the conveniences indicated by a suitable notice.

An adequate supply of wholesome drinking water shall be provided and maintained at suitable points in a workplace, conveniently accessible to all workers.

An employer must provide and maintain, for workers' use, adequate and suitable washing facilities that are conveniently accessible and kept clean.

A suitable cloakroom must be provided and maintained for the use of workers.

Employers must provide and maintain suitable seats when workers have reasonable opportunity to sit, and must provide each employee a suitably designed seat when a substantial proportion of the work can be done sitting.

Every employer must provide and maintain adequate facilities for taking meals, sited away from work positions and including tables and chairs or benches with backrests.

Employers must provide first-aid facilities (a room or, if not reasonably practicable, a prescribed first-aid box/cupboard), supply additional boxes where >150 employees, ensure requisites prescribed by the Minister, appoint a responsible person (trained if specified) who is available during working hours, and post a notice of that person's name.

The Commissioner must keep a register of all workplaces; persons must serve a notice at least one month before beginning to use premises as a workplace, but may begin within one month in limited cases.

The Commissioner must register a workplace and issue a certificate after receipt of a notice and payment of the prescribed fee; the Commissioner must serve a notice within six months to require an occupier to set up a safety committee where applicable; occupiers of previously registered workplaces must return old certificates on commencement; occupying premises contrary to section 40 and this section is an offence with fines and/or imprisonment.

Plans and architectural drawings for a new workplace or alterations to an existing workplace must be submitted to the Commissioner for approval before construction begins.

The Commissioner may vary or delete an entry in the register of workplaces for any premises if satisfied it is necessary to maintain accurate records, and may also vary the certificate of registration in the same instance.

An occupier must notify the Commissioner in writing with full particulars of any mechanical power to be used at a workplace at least one month before it is first used.

Workplaces must provide and maintain means of escape from fire for workers, ensure passages and exits are usable, mark alternative exits, construct certain exit doors to open outwards, and train employees on escape routines.

Workplaces subject to the Act must have readily accessible means of extinguishing fire that are adequate and suitable to the circumstances.

Highly inflammable stocks must be kept in a fire-resistant store or in a safe place outside occupied buildings; the store must not be located so as to endanger escape routes from the workplace.

An occupier must ensure adequate preparedness and response to any fire incidents on their premises.

Dangerous parts of machinery, plant and equipment must be securely fenced or safeguarded; where effective guards are not possible a device that prevents contact or that stops the machine on approach is acceptable.

The Commissioner may, by certificate and subject to any conditions in the certificate, exempt an occupier from complying with the requirements of section 61 when the Commissioner is satisfied compliance is unnecessary or impracticable.

Rooms or places where work is carried on must have efficient devices or appliances that allow power to be promptly cut off from the transmission machinery when there is eminent danger; machines driven by mechanical power must have efficient starting and stopping appliances with controls positioned for ready and convenient operation by the person operating the machine; driving belts not in use must be allowed to rest or ride upon a revolving shaft that forms part of the transmission machinery.

Suitable striking gear or other efficient mechanical appliances shall be provided, maintained and used to move driving-belts to and from fast and loose pulleys, and such gear or appliances shall be constructed, placed and maintained to prevent the driving-belt from creeping back on the fast pulley.

When assessing whether machinery is as safe as if it were securely fenced, do not count persons who are carrying out an examination, lubrication, or adjustment that the examination shows must be done while the machinery is in motion; and where the Commissioner certifies that stopping a part of transmission machinery would seriously interfere with a continuous process, do not count persons carrying out work by the methods, in the circumstances and subject to any conditions specified in that certificate.

Section 65 does not apply where the examination, lubrication or other operation is carried out by a person who is trained and acquainted with the dangers, instructed on emergency steps and immediately available within sight or hearing, and where a ladder used is securely fixed, lashed or firmly held by a person at its foot.

Machines driven by mechanical power must have exposed setscrews, bolts, keys and gearing encased or effectively guarded; selling or hiring non-complying machines for workplace use is an offence punishable by a fine up to forty eight currency points or up to one year imprisonment or both.

Traversing parts and material of self-acting machines must not run within five centimetres of any fixed structure over which people may pass; practicable steps must be taken by instructions to the person in charge to ensure employees are not in the space between any traversing part of a self-acting spinning mule and any fixed part towards which it moves on the inward run except when the machine is stopped with the traversing part on the outward run.

Sets safety, inspection, marking and notification requirements for hoists and lifts used for carrying persons, including occupier notice to the Commissioner within one month of first use (except workplace premises), mandatory construction and maintenance, six-monthly examinations by an authorised person with reporting into the General Register within 14 days, conspicuous marking of maximum working load and prohibition on carrying loads above the prescribed load; grants the Commissioner powers to extend examination periods and to exempt classes where unreasonable.

This section does not apply to hoists and lifts which are not connected with mechanical power (except for section 69(4) and (7)); the gates of applicable lifts and hoists must be kept closed and fastened except when the cage or platform is at rest at the landing.

Inspectors and authorised persons may test lifting gear and, for testing, may load it beyond its safe working load; inspectors may prohibit use if they consider it unsafe.

Lifting machines must be operated by trained, competent persons; trainees may operate under direct supervision; persons under 18 must not be employed to operate mechanically powered lifting machines or give signals.

The Minister may make regulations for training crane drivers, slingers, signal-givers to crane drivers and works transport drivers.

An inspector or an authorised person is not liable for damage to a lifting appliance or lifting machine caused during a test.

A register containing the particulars specified in Schedule 6 shall be kept in the workplace for lifting gear, lifting appliances and lifting machines to which this Part applies.

The section prohibits persons from entering boilers that are part of a multi-boiler range except where safety isolation or locking arrangements are in place; requires that boiler attendants be instructed and hold certificates of competence; empowers the Commissioner to cancel certificates for negligence; and requires the Minister to make training regulations.

Authorised persons must examine steam boilers and fittings at least every fourteen months (or longer if the Commissioner directs); competent persons must inspect fittings when steam is first raised after a cold examination and sign prescribed certificates; examiners must sign reports within 28 days.

Steam receivers that are not constructed and maintained to safely withstand the maximum permissible working pressure or the maximum pressure obtainable in the connecting pipe must be fitted with specified safety devices and equipment.

Authorised persons must examine every steam receiver and its fittings at least once every twenty-six months (or longer if the Commissioner directs), file a prescribed report signed by the examiner, and authorised persons must issue certificates for new receivers specifying safe working pressure.

Sets safety, marking, fitting, maintenance and inspection requirements for air receivers, including mandatory marking of safe working pressure, fittings (gauges, safety valves, draining appliances), cleaning, periodic examinations, authorised-person inspections and certificates before first use.

The Commissioner may, by notice in the Gazette, exempt any class or type of steam boiler, steam receiver, steam container or air receiver from sections 77, 78, 79 or 80 when the Commissioner is satisfied that the section cannot be reasonably applied; the exemption may be unqualified or subject to conditions in the notice.

The Minister may make special rules about gas plants (following Schedule 7); the section also states that all gas plants must be of sound construction and properly maintained and provides definitions for “gas” and “gas plant”.

The Commissioner may grant written exemptions from the handling requirements in subsections (3) and (4) when satisfied compliance is unnecessary or impracticable, and may attach conditions.

All electrical apparatus, fittings and conductors must be sufficient in size and power for the work they are meant for and must be constructed, installed, protected, worked and maintained to prevent danger, as far as is reasonably practicable.

Toxic materials may only be used when non-toxic alternatives are not reasonably practicable; the Commissioner may serve notices on occupiers or employers; employed persons must not eat, drink or smoke where ingestion risk exists.

Where dangerous or corrosive liquids are used, adequate and accessible drenching facilities for water and eye-flushing must be provided and maintained for employees in emergencies.

Rules for work in confined spaces, including a prohibition on entry except in specified conditions, requirements for means of exit, ventilation or breathing apparatus, trained standby workers, and minimum manhole dimensions.

Where asphyxiant or irritant gases or vapours are present or likely in a workplace, practicable measures must be taken to prevent danger and approved breathing apparatus or equipment must be provided, maintained and kept readily available for rescue or to make premises safe.

Employees are entitled not to be required to lift, carry or move heavy loads likely to cause injury.

An employee shall not be exposed to ionizing radiation, lasers, ultraviolet, infrared and other electromagnetic radiations except as reasonably necessary for work; everything practicable must be done to minimise exposure.

Employers must supply and maintain personal protective equipment free of charge to employees and provide instructions for its use.

Suitable goggles or effective screens shall be provided for the processes listed in Schedule 8 to protect the eyes of persons employed in those processes; where electric welding creates a risk of electric-arc flash to other persons in the workplace, effective screening or other provision shall be made to prevent exposure.

The Minister may require medical examinations or medical supervision of workers where workplace processes or substances may cause illness or present a risk to worker health.

An inspector may, in writing, prohibit the use of machinery, plant, appliances or fittings at a workplace when they believe use is likely to threaten health or safety, and that prohibition remains until the inspector is satisfied the danger is removed.

An employer must take preventive administrative and technical measures to prevent or reduce contamination of the work environment to the lowest possible level or to exposure limits prescribed by the Commissioner; only duly authorised and adequately trained workers may participate in dangerous operations.

Manufacturers or importers must provide chemical safety data sheets for hazardous chemicals to an employer; employers must forward a copy of each product's data sheet to the Commissioner.

An employer must ensure packages of hazardous chemicals delivered to the workplace are labelled and that the appropriate chemical safety data sheet is delivered to the workplace.

Suppliers, manufacturers, importers or distributors of hazardous substances must ensure chemicals are classified and containers are marked and labelled so they can be recognised and used safely.

Workers must not wilfully or recklessly do anything likely to endanger the safety of the workplace premises, operations, themselves, or other employed persons; doing so is an offence.

It is an offence for a person to forge, counterfeit, sign, utter, use false certificates, impersonate, falsely pretend to be an inspector, connive in forgery, make false entries or make or use false declarations under this Act.

If a person dies or is injured because an occupier or owner of a workplace contravenes the Act, that occupier or owner commits an offence and on conviction may be fined up to one hundred currency points or imprisoned up to fifty months; separate sentences with the same limits apply for permanent total, permanent partial or temporary incapacity.

An owner or occupier of a workplace commits an offence if they contravene a provision of the Act relating to the workplace; an occupier who uses a special exception but fails to meet its conditions is deemed to have contravened the Act; if a corporate offence is proved to involve the consent, connivance or neglect of certain officers, those officers as well as the body are deemed to have committed the offence.

A person who commits an offence for which no express penalty is provided is liable on conviction to a fine up to 24 currency points, or imprisonment up to 12 months, or both; continued contravention after conviction attracts a daily fine up to 1 currency point per day on further conviction.

If an occupier or owner is convicted, the court may order them to remedy the contravention within a specified time and may extend that time; compliance during that time prevents liability, but failure after the time results in an offence and a fine of up to one currency point per day.

Authorised persons and employees must keep manufacturing or commercial secrets confidential; unauthorised disclosure contrary to subsection (1) is an offence.

If an act or default for which a workplace occupier or owner is liable is committed by an agent, servant, worker or other person, that person commits an offence and is liable on conviction to the same penalty as the occupier or owner.

If a person (who is not the workplace occupier or an employee) uses in a workplace any machine, appliance, equipment or plant owned or hired by them for construction, repair, installation or other work, that person shall be deemed to be the occupier in respect of any contravention of this Act relating to that machine, appliance, equipment or plant.

When a person is substituted for the occupier or owner of a workplace under this Act, any order, summons, notice or proceedings required or authorised to be served on the occupier or owner must instead be served on that substituted person.

Section Prosecution of offences Section All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered in a magistrate's court presided over by a Chief Magistrate or a Magistrate Grade I. In any

It is an offence for a person to willfully interfere with or misuse appliances provided to secure workplace health, safety or welfare, or to refuse to use such appliances.

If an occupier or owner cannot arrange an authorised person to carry out a required examination, they must immediately notify the Commissioner with particulars and, for new steam boilers/receivers, include the manufacturer’s certificate; the Commissioner may permit use by written notice subject to conditions.

An occupier of a workplace must send to an inspector extracts from the General Register when the inspector requires them; the Minister may by statutory instrument direct that subsection (1) does not apply to certain temporary workplaces.

Entries and certain documents or certificates may be admitted as evidence; the court may presume signatures and certificates are genuine.

Registers and records kept under this Act must be preserved and kept available for inspection by an inspector for at least five years or such other prescribed period after the date of the last entry.

Specifies permissible methods for serving documents (including summons or orders) on persons, firms, and occupiers or owners of workplaces, including addressing to "The Occupier" with a sufficient workplace description.

If an agreement prevents necessary alterations to comply with the Act, the occupier may apply to court to have the agreement set aside or modified; the court may, after hearing parties and witnesses, order that the agreement be set aside or modified.

If structural or other alterations are required to comply with the Act in premises let as a workplace, the occupier may apply to court for apportionment of the alteration expenses; the court may, after hearing the parties, order a just and equitable apportionment (considering any contract) or, at the owner’s or occupier’s request, determine the lease.

Unless otherwise stated, this Act supplements and does not replace or diminish any other law.

The Minister may make regulations for implementing this Act with the approval of Parliament; those regulations may prescribe penalties including a fine up to fifty currency points or imprisonment up to fourteen months, or both.

The Minister may amend Schedule 1 with Cabinet approval, and may amend Schedules 2–8 with the approval of the Occupational Safety and Health Board.

The Factories Act, Cap 220 is repealed.