OCCUP A TIONAL SAFETY AND HEAL TH ACT 2004

Occup A Tional Safety And Heal Th Act 2004-PDF Download

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LAWS OF TRINIDAD AND TOBAGO,2 1 of 2004 Occupational Safety and Health. Index of Subsidiary Legislation, Occupational Safety and Health Prescribed Forms Order. GN 187 1948 91,Distillery Safety Regulations GN 213 1946 135. Boilers Regulations GN 2 1949 138, Special Provisions for Safety in the Case of Air Pressure Containers. GN 3 1949 145, Occupational Safety and Health Cleaning of Machinery in Motion.
GN 109 1949 149,Woodworking Machinery GN 152 1949 150. Occupational Safety and Health Electricity Regulations. GN 61 1951 156, Occupational Safety and Health Welfare Regulations. GN 62 1951 169, Electric Accumulator Manufacture and Repair Order GN 184 1974 177. Occupational Safety and Health Protective Measures Order. GN 210 1977 186,Note on Subsidiary Legislation, The above Subsidiary Legislation which were made under the Factories Ordinance. Ch 30 No 2 shall continue in force by virtue of section 98 2 of the Act See Note on. sections 2 and 98 of the Act hereunder and also Note on Proclamation on page 3. Note on Sections 2 and 98 of the Act, Sections 2 and 98 of the Occupational Safety and Health Act provide as follows.
2 This Act shall come into operation on such date as the President may Commencement. appoint by Proclamation, 98 1 The following Laws are hereby repealed Ordinance and. Acts repealed,a The Factories Ordinance Ch 30 No 2. b The Employment of Women Night Work Act and Ch 88 12. c The Gas Cylinders Use Conveyance and Storage Act Ch 35 52. 2 Notwithstanding subsection 1 any Regulations Orders or other. statutory instruments made under the Factories Ordinance shall continue in. force and are deemed to be made under sections 99 and 100. The Act with the exception of section 98 came into operation by Proclamation LN 48 2006. on 17th February 2006 and in the said Proclamation it was stated that section 98 be brought. into force by the 17th August 2007,LAWS OF TRINIDAD AND TOBAGO. Occupational Safety and Health 1 of 2004 3,Note on Proclamation. LN 48 2006,PROCLAMATION, WHEREAS it is provided by section 2 of the Occupational Safety and Health Act.
2004 that the Act comes into operation on such date as the President may appoint. by Proclamation, And whereas it is expedient that the said Act save and except section 98 be. brought into force on the 17th day of Febuary 2006. And whereas it is expedient that the remaining section 98 be brought into. force by the 17th day of August 2007,LAWS OF TRINIDAD AND TOBAGO. 4 1 of 2004 Occupational Safety and Health,ACT NO 1 OF 2004. OCCUPATIONAL SAFETY AND HEALTH ACT 2004,ARRANGEMENT OF SECTIONS. PRELIMINARY,1 Short title,2 Commencement,3 Act inconsistent with the Constitution.
4 Interpretation,5 General application of Act,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.
13A Annual risk assessment,RIGHTS OF EMPLOYEESTO REFUSEWORK WHERE. SAFETY OR HEALTH IN DANGER,14 Application of Part,15 Refusal to work. 16 Report of refusal,17 Refusal to work following investigation. LAWS OF TRINIDAD AND TOBAGO,Occupational Safety and Health 1 of 2004 5. 18 Investigation by inspector,19 Employee to be available.
20 Employee deemed to be at work,20A No discipline dismissal reprisal by employer. 21 Entitlement to be paid, 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 Prime movers. 25C Transmission machinery,25D Other machinery,25E Establishment of safety and health committees.
25F Functions of safety and health committee,25G Repealed by Act No 3 of 2006. 25H Construction and maintenance of fencing,25I Construction and sale of new machinery. 25J Cleaning of machinery in motion,25K Health surveillance. 26 Means of escape in case of fire,27 Safety provisions in case of fire. 28 Instructions as to use of means of escape in case of fire. 29 Provision for adequate firefighting equipment, 30 Power of Chief Inspector to conduct Court proceedings.
30A Compliance with provisions,LAWS OF TRINIDAD AND TOBAGO. 6 1 of 2004 Occupational Safety and Health,ARRANGEMENT OF SECTIONS Continued. 31 Cleanliness,32 Respiratory protection,33 Lighting. 34 Noise and vibration,35 Overcrowding,36 Ventilation. 37 Medical examination of persons employed in industrial establishment. 38 Power to require medical supervision,39 Drinking water.
40 Washing facilities,41 Sanitary conveniences,42 Accommodation for clothing. 43 First aid appliances,44 Canteens,45 Restrooms and lunchrooms. 45A Application of the Part,45B Compliance with provisions. NOTIFICATION AND INVESTIGATION OF ACCIDENTS,AND OCCUPATIONAL DISEASES. 46 Notification of accidents,46A Notice of injury,47 Preservation of scene.
48 Notification of occupational diseases, 49 Autopsy in cases of death by accident or occupational disease. 50 Inquest in the case of death by accident or occupational disease. LAWS OF TRINIDAD AND TOBAGO,Occupational Safety and Health 1 of 2004 7. 51 Enquiry into accidents and cases of occupational disease. 52 Medical inspector to investigate and report,EMPLOYMENT OF YOUNG PERSONS. 53 Young persons to have certificate,54 Hours of employment for young persons. 55 Duty to maintain register,56 Power to require medical examination.
SPECIAL APPLICATION AND EXTENSIONS, 57 Provisions re lease of part of premises as a separate industrial. establishment,58 Application of Act to institutions. SPECIAL PROVISIONS IN RESPECT,BUILDING OPERATIONS AND WORKS OF. ENGINEERING CONSTRUCTION,59 Construction and alteration of factories. 60 Notice of occupation of factory and use of mechanical power. 61 Postings,62 Periodical returns of factory employees.
63 Building operations and works of engineering construction. ATIONAL SAFETYAND,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. LAWS OF TRINIDAD AND TOBAGO,8 1 of 2004 Occupational Safety and Health. ARRANGEMENT OF SECTIONS Continued,ADMINISTRATION,69 Establishment of the Agency.
69A Transfers,70 Duties of Chief Inspector,71 Inspector and medical inspectors. 72 Powers of inspectors,73 Power to take samples, 74 Power of inspector re dangerous conditions and practices. 75 Preservation of registers and records,76 Protection against victimisation 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 inspector to conduct Court proceedings. 81 Inspector not liable,82 Inspector defined,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 offence by parent, 88 Forgery of certificates false entries and false declarations. 89 Provision for employer occupier or owner to exempt himself. from liability, 90 Proceedings against persons other than employers occupiers or owners.
LAWS OF TRINIDAD AND TOBAGO,Occupational Safety and Health 1 of 2004 9. 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,MISCELLANEOUS,98 Ordinance and Acts repealed. 99 Power to make Regulations,100 Power of Minister to make certain Orders. SCHEDULE 1,LIST OF OCCUP,ATIONAL DISEASES,SCHEDULE 2. ATIONAL SAFETYAND,HEALTH AUTHORITY RULES,LAWS OF TRINIDAD AND TOBAGO. 10 1 of 2004 Occupational Safety and Health,ACT NO 1 OF 2004.
OCCUPATIONAL SAFETY AND HEALTH ACT 2004, An Act respecting the safety health and welfare of persons. ASSENTED TO 30TH JANUARY 2004, Preamble WHEREAS it is enacted inter alia by subsection 1 of section 13 of. the Constitution that an Act to which that section applies may. expressly declare that it shall have effect even though inconsistent. with sections 4 and 5 of the Constitution and if any such Act. does so declare it shall have effect accordingly, And whereas it is provided by subsection 2 of the said. section 13 of the Constitution that an Act to which this section. applies is one the Bill for which has been passed by both Houses. of Parliament and at the final vote thereon in each House has been. supported by the votes of not less than three fifths of all the. members of that House, And whereas it is necessary and expedient that the provisions. of this Act shall have effect even though inconsistent with. sections 4 and 5 of the Constitution, Enactment ENACTED by the Parliament of Trinidad and Tobago as follows.
PRELIMINARY, Short title 1 This Act may be cited as the Occupational Safety and. Health Act 2004, Commencement 2 This Act shall come into operation on such date as the. President may appoint by Proclamation, Act inconsistent 3 This Act shall have effect even though inconsistent with. Constitution sections 4 and 5 of the Constitution,See Note on Proclamation at page 3. LAWS OF TRINIDAD AND TOBAGO,Occupational Safety and Health 1 of 2004 11.
4 1 In this Act except where otherwise expressly Interpretation. Agency means the Occupational Safety and Health Agency. established under section 69, air contaminant means airborne solid liquid fume or gaseous. matter radioactive fallout odour micro organism or any. combination of them in such concentration or quantities as. to impair the quality of the working environment or to expose. persons to risks to their health, approved standard as the context may admit means a national. or international standard so declared or adopted by the. Trinidad and Tobago Bureau of Standards under the, Standards Act and includes an appropriate type as determined. by the Authority Ch 82 03, Authority means the Occupational Safety and Health Authority. established under section 64, bodily injury includes injury to physical and mental health.
building operation means the construction structural alteration. repair or maintenance of a building including repainting re. decoration and external cleaning of the structure the. demolition of a building and the preparation for and laying. the foundation of an intended building but does not include. any operation which is a work of engineering construction. within the meaning of this Act, calendar year means the period of twelve months beginning with. 1st January in any year, Chief Inspector means the person appointed as such under. section 70 1, Chief Medical Officer means the public officer holding or. acting in the office of Chief Medical Officer, child means a person under the age of eighteen years. clerical work includes writing book keeping filing duplicating. machine calculating drawing electronic data and word. processing the editorial preparation of matter for publication. computer data word processing and secretarial work. LAWS OF TRINIDAD AND TOBAGO,12 1 of 2004 Occupational Safety and Health.
confined space means a space in which because of its. construction location or contents or of work activity therein. the accumulation of a dangerous dust or fume or the creation. of oxygen deficient atmosphere may occur, a in relation to criminal proceedings means a Court. of summary jurisdiction or, b in relation to proceedings under section 83A and. 97A means the Industrial 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 or arm but not a.
finger or toe,e involves the amputation of a leg arm hand or. foot but not a finger or toe,f consists of burns to a major portion of the. g causes the loss of sight in an eye, dangerous means likely to create risk to safety or health or cause. bodily injury, employee means any person who has entered into or works. under a contract with an employer to do any skilled. unskilled manual clerical or other work for hire or reward. whether the contract is expressed or implied oral or in. writing or partly oral and partly in writing and includes. public officers the protective services and teachers. employer means a person who employs persons for the purpose. of carrying out any trade business profession office. vocation or apprenticeship, factory means premises in which or within the curtilage or.
ACT NO 1 OF 2004 OCCUP A TIONAL SAFETY AND HEAL TH ACT 2004 An Act respecting the safety health and welfar e of persons at work A SSENTED T O 30 TH JANUAR Y 2004 W HEREAS it is enacted inter alia by subsection 1 of section 13 of the C onstitution that an A ct to w hich that section applies m ay

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