Occupational Safety and Health - Legal Affairs

1 Current Authorised PagesPagesAuthorised(inclusive) by of 2004 Amended by3 of 2006 LAWS OF trinidad AND TOBAGOOCCUPATIONAL Safety AND Health ACTCHAPTER 88:08 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal OF trinidad AND TOBAGO2 Chap. 88:08 Occupational Safety and HealthIndex of Subsidiary LegislationPageOccupational Safety and Health (Prescribed Forms) Order (GN 187-1948) ..89 Distillery ( Safety ) Regulations (GN 213-1946) ..133 Boilers Regulations (GN 2-1949)..136 Special Provisions for Safety in the Case of Air Pressure Containers Regulations(GN 3-1949)..143 Occupational Safety and Health (Cleaning of Machinery in Motion Order)(GN 109-1949).

2 147 Woodworking Machinery Regulations (GN 152-1949)..148 Occupational Safety and Health (Electricity) Regulations (GN 61-1951)..154 Occupational Safety and Health (Welfare) Regulations(GN 62-1951)..167 Electric Accumulator (Manufacture and Repair) Order (GN 184-1974)..175 Occupational Safety and Health (Protective Measures) Order (GN 210-1977)..184 Note on Subsidiary LegislationThe above Subsidiary Legislation which were made under the Factories Ordinance ( No. 2) shall continue in force by virtue of section 98(2) of the Act. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal LAWS OF trinidad AND TOBAGOO ccupational Safety and HealthChap.

3 88:083 CHAPTER 88:08 Occupational Safety AND Health ACTARRANGEMENT OF SECTIONSSECTIONPA RT IPRELIMINARY1. Short Act inconsistent with the application of IIGENERAL duties of employers to their General duties of employers and self-employed persons to personsother than their General duties of General duty of occupier to protect Safety and Health of General duties of employees at Duty not to interfere with or misuse things provided pursuant to charges duties of manufacturers and Annual risk IIIRIGHTS OF EMPLOYEES TO REFUSE WORKWHERESAFETYOR Health of to Report of Refusal to work following Investigation by to be Employee deemed to be at No discipline, dismissal.

4 Reprisal by to be VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal OF trinidad AND TOBAGO4 Chap. 88:08 Occupational Safety and HealthPART IVSAFETY22. Employment of young persons on dangerous Protective clothing and Removal of dust and Dangerous fumes and lack of oxygen in confined Effective safeguarding of Prime Transmission Other of Safety and Health of Safety and Health (Repealed by Act No. 3 of 2006). and maintenance of and sale of new of machinery in VFIRE26. Means of escape in case of Safety provisions in case of Instructions as to use of means of escape in case of Provision for adequate firefighting Power of Chief Inspector to conduct Court Compliance with and examination of persons employed in industrial to require medical VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal LAWS OF trinidad AND TOBAGOO ccupational Safety and HealthChap.

5 88:085 ARRANGEMENT OF SECTIONS ContinuedSECTIONPART VIIWELFARE39. Drinking Washing Sanitary Accommodation for First-aid Restrooms and of the Compliance with VIIINOTIFICATION AND INVESTIGATION OF ACCIDENTSAND Occupational DISEASES46. Notification of Notice of of Notification of Occupational in cases of death by accident or Occupational Inquest in the case of death by accident or Occupational into accidents and cases of Occupational Medical inspector to investigate and IXEMPLOYMENTOFYOUNGPERSONS53. Young persons to have certificate. 54. Hours of employment for young to maintain Power to require medical RT XSPECIAL APPLICATION AND re: lease of part of premises as a separate Application of Act to institutions.

6 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal OF trinidad AND TOBAGO6 Chap. 88:08 Occupational Safety and HealthPART XISPECIAL PROVISIONS IN RESPECT OF FACTORIES,BUILDING OPERATIONS AND WORKS OFENGINEERING CONSTRUCTION59. Construction and alteration of Notice of occupation of factory and use of mechanical returns of factory Building operations and works of engineering XIITHE Occupational Safety ANDHEALTH of the Composition of the Functions of the Approval of codes of Use of approved codes of practice in criminal of the of Chief Inspector and medical Powers of to take Power of inspector re.

7 Dangerous conditions and of registers and against victimisation of Source of complaints not to be Penalty for unlawful Inspector to produce certificate of Power of inspector to conduct Court Inspector not Inspector VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal LAWS OF trinidad AND TOBAGOO ccupational Safety and HealthChap. 88:087 ARRANGEMENT OF SECTIONS ContinuedSECTIONPART XIVOFFENCES, PENALTIES AND Legal PROCEEDINGS82A. Onus of proving limits of what is practicable, Criminal and other Power of Court to order Penalty where none is expressly Fines in case of death or for offence by of certificates, false entries and false for employer, occupier or owner to exempt himselffrom against persons other than employers, occupiers or for Appeal from orders of Limitation of time for provisions as to and sending of Power of Court to modify Power of Court to apportion Determination of Safety and Health Time XVMISCELLANEOUS98.

8 Ordinance and Acts Power to make of Minister to make certain 2 THE Occupational Safety AND Health AUTHORITY RULES. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal OF trinidad AND TOBAGO8 Chap. 88:08 Occupational Safety and HealthLAWS OF trinidad AND TOBAGO8 Chap. 88:08 Occupational Safety and HealthCHAPTER 88:08 Occupational Safety AND Health ACTAn Act respecting the Safety , Health and welfare of personsat work.[ASSENTED TO30 THJANUARY2004]WHEREASit is enacted inter alia, by subsection (1) ofsection 13 of the Constitution that an Act to which thatsection applies may expressly declare that it shall haveeffect even though inconsistent with sections 4 and 5 of theConstitution and, if any such Act does so declare, it shallhave effect accordingly.

9 And whereas it is provided by subsection (2) of the saidsection 13 of the Constitution that an Act to which this sectionapplies is one the Bill for which has been passed by both Housesof Parliament and at the final vote thereon in each House hasbeen supported by the votes of not less than three-fifths of all themembers of that House:And whereas it is necessary and expedient that the provisionsof this Act shall have effect even though inconsistent withsections 4 and 5 of the Constitution:PA RT Act may be cited as the Occupational Safety andHealth (1) With the exception of section 98 this Act came intooperation on 17th February 2006.

10 (2)Section 98 came into operation on 17th August Act shall have effect even though inconsistent withsections 4 and 5 of the title. Commencement.[48/2006150/2007].Act inconsistentwith VERSION UPDATED TO DECEMBER 31ST 2015 ministry OF THE ATTORNEY GENERAL AND Legal LAWS OF trinidad AND TOBAGOO ccupational Safety and HealthChap. 88 OF trinidad AND TOBAGOO ccupational Safety and HealthChap. 88:0894.(1) In this Act, except where otherwise expresslyprovided Agency means the Occupational Safety and Health Agencyestablished under section 69; air contaminant means airborne solid, liquid, fume or gaseousmatter, radioactive fallout, odour, micro-organism or anycombination of them, in such concentration or quantities asto impair the quality of the working environment or toexpose persons to risks to their Health .