Transcript Safety and Health at Work Act 2005

An Overview of the
Safety and Health at Work Act
Cap. 356
The Labour Department - Barbados
Occupational Safety and Health Section
What is Occupational Safety
and Health?
A joint committee of the International
Labour Organisation and the World Health
Organisation defined occupational safety
and health as:
“the promotion of the highest degree of
physical, mental and social well-being of
workers in all occupations”
(ILO, 1984)
Definition of Workplace
“Any place where persons work or are
employed including a factory, but does
not include a private household where
persons work or are employed only in
domestic service”
(Cap. 356 s. 2)
Definition of Factory
• Generally, any premises where persons
are employed in the making, altering,
repairing, cleaning or adapting of articles
for sale
• Definition also extends to:
– Power generating operations
– Pumping of water, oil , sewage
– Construction sites
– Seaports
– Agricultural enterprises
Rationale for Change
• Majority of workplaces not covered
• Need for holistic approach to OSH - nature
of workplace not primary focus
• Need to meet the requirements of ILO
OSH Convention 155 (1981)
General Intent of
Safety and Health at Work Act
• The SHaW Act makes provision for
– Securing health, safety and welfare at work
– Protecting other persons against risks to
health and safety in connection with the
activities of persons at work
– Controlling emissions into the environment
• Act is administered by the Labour
Department with specific responsibilities
assigned to Chief Fire Officer
Application of Cap.356
• Applies to all workplaces except:
– The military, armed forces, domestic service
in private households,
– Work done by the master or crew of a ship or
done aboard a ship during a trial run.
• In cases of public emergency , the Minister
may, by order, exempt workplaces or
particular class of workplaces from the
provisions of the Act
Approach to Management of
Safety and Health
• The principle of joint responsibility is
promoted
• Clear definition of roles for government,
employers and employees
• Self-regulation is encouraged
– Mandatory requirements for formal safety and
health management systems
Duties of Employer
• Provision and maintenance of:
– A safe workplace
– Safe plant and safe systems of work
– Suitable arrangements for storage, transport
and use of articles and substances
– Adequate information, instruction, training and
supervision
Duties of Employer
• Provision and maintenance of:
– Working environment that is safe and without
risk to health as far as is reasonably
practicable
– Risk assessment to be undertaken before
introducing material, article or process
– Adequate welfare arrangements
– Prescribed ergonomic standards
Duties of Employees
• Employee expected to:
– Take reasonable care for his own safety and
that of others
– Co-operate with his employer re: statutory
duties
– Report to his employer unsafe conditions or
breaches of the Act
– Use personal protective equipment correctly
Access to Information in
Specific Circumstances
• Employees and trade union have right to
access reports on workplace conditions
where specific representation is made
• Accident reports may be requested and
issued in the case of any workplace
accidents
• Implication - employees have the ‘right to
know’
Training and Supervision
• Employees must receive sufficient training
or adequate supervision
• Employee to be fully instructed on:
– The working of the machine
– Any associated dangers
– Precautions to be observed
General Provisions for Safety
• Specific procedures for examination of
pressure vessels, hoists, lifts, chains,
ropes and lifting tackle
• Fire
• Work in confined spaces
Health
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Cleanliness
Disposal of wastes and effluents
Temperature
Ventilation
Underground rooms
Overcrowding
Lighting
Noise and vibration
Welfare
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Drinking water and washing facilities
Lunchrooms
Changing facilities
Sitting facilities
First-aid
Rest-rooms and sanitary conveniences
Lifting excessive weight
Safety Organisation
• Safety committee
– Mandatory where there are 25 or more
employees (safety delegate < 25 employees)
• Where 10 or more are employed, written
safety policy to be in place
• Equal joint representation on committee
• Recommendations to be implemented
where practicable, Committee has access
to workplace information
Right to Refuse Dangerous
Task(s)
“Where during the course of his
employment, there is sufficient evidence to
indicate that an employee’s health and
safety are in imminent danger that
employee may refuse to carry out the
tasks assigned to him pending
consultation with his safety committee,
trade union , staff association or the Chief
Labour Officer.”
New and Expectant Mothers
• Employee may inform employer of
pregnancy in writing (medical certificate)
• Employer to conduct job risk assessment
on notification of pregnancy and on return
to work
• If necessary, suitable alternative work to
be offered during pregnancy and for 6
months after birth of child
Employees with Special Needs
• Employers have a duty to cater to
employees with special needs,
appropriately
• Information should be communicated in
such a manner that persons are able to
receive it. For example, fire alarms must
be audible and visible.
Fire Safety
• Fire safety provisions apply to all
workplaces
• Consultation between CFO and CLO
• Fire Officers - right of entry similar to
that for OSH officers
• Multi-tenanted buildings:- owner has
specific responsibilities
Administration and Enforcement
• Chief Labour Officer may issue prohibition
and improvement notices
• Prohibition notice may be issued to take
immediate effect
• Employer to lodge appeal with court if
there is disagreement with the action of
CLO
• Certain registers, documents, abstract to
be maintained at the workplace
Summary
• Wider application re: proposed legislation
• Duties of employers and employees
explicit
• Improved safety consultation
• Prohibition and improvement notices
• Nature of the work is primary focus
For further information,
contact...
Labour Department
Occupational Safety and Health Section
2nd Floor, Warrens Office Complex
Warrens, St. Michael
Tel: 310-1523/24
Email: [email protected]
Thank you for your attention!