THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2004

1 THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2004 Arrangement of SectionsPART IPRELIMINARYS ection1. Short title2. Commencement3. Act inconsistent with the Constitution4. Interpretation5. General application of ActPART IIGENERAL DUTIES6. General duties of employers to their employees7. General duties of employers and self-employed persons topersons other than their employees8. General duties of occupiers9. General duty of occupier to protect SAFETY and HEALTH of public10. General duties of employees at work11 . Duty not to interfere with or misuse things providedpursuant to Act12. Certain charges prohibited13. General duties of manufacturers and suppliersPART IIIRIGHTS OF EMPLOYEES TO REFUSE WORK WHERE SAFETY ORHEALTH IN DANGER14.

2 Application of part15. Refusal to work16. Report of refusal17. Refusal to work following investigation18. Investigation by inspector19. Employee to be available20. Duty to advise other employees20A. No discipline, dismissal, reprisal by employer21. Entitlement to be paidPART IVSAFETY22. Employment of young persons on dangerous machines23. Protective clothing and devices24. Removal of dust and fumes25. Dangerous fumes and lack of oxygen in confined spaces25A. Effective safeguarding of machinery25B. Prime movers25C. Transmission machinery25D. Other machinery25E. Establishment of SAFETY and health25F. Functions of SAFETY and HEALTH committee25G. Risk assessment25H. Construction and maintenance of fencing25I. Construction and sale of new machinery25J. Cleaning of machinery in motion25K.

3 HEALTH surveillancePART VFIRE26. Means of escape in case of fire27. SAFETY provisions in case of fire28. Instructions as to use of means of escape in case of fire29. Provision for adequate fire-fighting equipment30. Power of Chief Inspector to conduct court proceedings30A. Compliance with provisionsPART VIHEALTH31. Cleanliness32. Respiratory protection33. Lighting34. Noise and vibration35. Overcrowding36. Ventilation37. Medical examination of persons employed in industrialestablishments38. Power to require medical supervisioniiPART VIIWELFARE39. Drinking water40. Washing facilities41. Sanitary42. Accommodation for clothing43. First aid appliances44. Canteens45. Restrooms and lunchrooms45A. Application of the Part45B. Compliance with provisionsPART VIIINOTIFICATION ANDINVESTIGATION OFACCIDENTS ANDINDUSTRIALDISEASES46.

4 Notification of accidents47. Preservation of scene48. Notification of OCCUPATIONAL diseases49. Autopsy in cases of death by accident or OCCUPATIONAL disease50. Inquest in the case of death by accident or occupationaldisease51. Enquiry into accidents and cases of OCCUPATIONAL disease52. Medical inspector to investigate and reportPART IXEMPLOYMENT OFYOUNGPERSONS53. Young persons to have certificate of fitness 54. Hours of employment for young persons 55. Duty to maintain register56. Power to require medical examinationPART XSPECIALAPPLICATION ANDEXTENSION57. Provision re:lease of part of premises as a separate industrialestablishment58. Application of Act to institutionsiiiPART XISPECIALPROVISIONS IN RESPECT OFFACTORIES,BUILDINGOPERATIONS ANDWORKS OFENGINEERINGCONSTRUCTION59.

5 Construction and alteration of factories60. Notice of occupation of factory and use of mechanical power61. Postings62. Periodical returns of factory employees63. Building operations and works of engineering constructionPART XIITHEOCCUPATIONALSAFETY ANDHEALTHAUTHORITY64. Establishment of the Authority65. Composition of the Authority66. Functions of the Authority67. Approval of codes of practice68. Use of approved codes of practice in criminal proceedingsPART XIIIADMINISTRATION69. Establishment of the Agency69A. Transfers70. Duties of Chief Inspector71. Inspectors and medical inspector72. Powers of inspectors73. Power to take samples74. Power of inspectors re: dangerous conditions and practices75. Preservation of registers and records76. Protection against victimization of employees77.

6 Source of complaints not to be divulged77A. Redress78. Penalty for unlawful disclosures79. Inspector to produce certificate of appointment80. Power of inspectors to conduct court proceedings81. Inspector not liable82. Inspector definedivPART XIVOFFENCES, PENALTIES ANDLEGALPROCEEDINGS82A. Onus of proving limits of what is practicable, Criminal and other remedies83A. Redress84. Power of Court to order remedy85. Penalty where none is expressly provided86. Fines in case of death or injury87. Fine for offences by parent88. Forgery of certificates, false entries and false declarations89. Provision for employer, occupier or owner to exempt himselffrom liability90. Proceedings against persons other than employers, occupiersor owners91. Procedure for prosecution92.

7 Appeal from orders of court93. Limitation of time for prosecution94. Special provisions as to evidence95. Serving and sending of documents 96. Power of Court to modify agreements97. Power of Court to apportion expenses97A. Determination of SAFETY and HEALTH offences97B. Time limitPART XVMISCELLANEOUS98. Ordinance and Acts repealed99. Power to make regulations100. Power of Minister to make certain OrdersSCHEDULE 1 LIST OFOCCUPATIONALDISEASESSCHEDULE 2 THEOCCUPATIONALSAFETY ANDHEALTHAUTHORITYRULESvANACT respecting the SAFETY , HEALTH and welfare ofpersons at work[Assented to 30th January, 2004]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 havePreambleLegal Supplement Part A to the Trinidad and Tobago Gazette , Vol.

8 43,No. 20, 5th February, 2004 Second Session Eighth Parliament Republic of Trinidadand TobagoREPUBLIC OF TRINIDAD AND TOBAGOAct No. 1 of 2004[ ]effect even though inconsistent with sections 4 and 5 ofthe Constitution and, if any such Act does so declare, itshall have effect accordingly:And whereas it is provided by subsection (2) of thesaid section 13 of the Constitution that an Act to whichthis section applies is one the Bill for which has beenpassed by both Houses of Parliament and at the finalvote thereon in each House has been supported by thevotes of not less than three-fifths of all the members ofthat House:And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution:ENACTEDby the Parliament of Trinidad and Tobago asfollows.

9 PART Act may be cited as The OCCUPATIONAL Safetyand HEALTH Act, Act shall come into operation on such date asthe President may appoint by Act shall have effect even though incon-sistent with sections 4 and 5 of the (1) In this Act, except where otherwise expresslyprovided agency means the OCCUPATIONAL SAFETY andHealth Agency established undersection 69; air contaminant means airborne solid, liquid,fume or gaseous matter, radioactivefallout, odour, micro-organism or anycombination of them, in such con-centration or quantities as to impair thequality of the working environment or toexpose persons to risks to their HEALTH ;EnactmentShort titleCommencementAct inconsistent withthe ConstitutionInterpretation2No. 1 OCCUPATIONAL SAFETY and Health2004 approved standard as the context may admit,means a national or internationalstandard so declared or adopted by theTrinidad and Tobago Bureau of Standardsunder the Standards Act, 1997; Authority means the OCCUPATIONAL Safetyand HEALTH Authority established undersection 64; bodily injury includes injury to physical andmental HEALTH .

10 Building operation means the construction,structural alteration, repair ormaintenance of a building (includingre-painting, re-decoration and externalcleaning of the structure), the demolitionof a building, and the preparation for, andlaying the foundation of, an intendedbuilding, but does not include anyoperation which is a work of engineeringconstruction within the meaning of thisAct; calendar year means the period of twelvemonths beginning with 1st January in anyyear; Chief Inspector , means the person appointedas such under section 70(1); Chief Medical Officer means the publicofficer holding, or acting in, the office ofChief Medical Officer; child means a person under the age ofeighteen years; clerical work includes writing, book-keeping,filing, duplicating, machine calculating,drawing, electronic data and wordprocessing, the editorial preparation ofmatter for publication, computer data,word processing and secretarial work;No.