Summary OSH Act No.1 of 2004

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Strategies

OSH Act, Regulations,Approved Codes of

Practice

OSH Authority (Policy, Standards, Advice)

OSH Agency (Implementing & Enforcing)

OSH Advisory Council appointed to make

recommendations for the transition.

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The OSH Act No. 1 of 2004 Principal OSH legislation passed by Parliament Empowers the Minister to make subordinate

regulations, detailing requirements. Imposes a duty of care on everyone at work,

related to their roles. Lists duties of employers, employees, occupiers,

owner, designers, suppliers and manufacturers of articles, substances used at work.

It also provides duties for the self-employed. Legislates the establishment of S&H

committees. Protects the rights of employees, young

persons, pregnant employees, nursing mothers.

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Broad Provisions 1 Repeals Factories Ordinance, Women (Night Work)

Act Revises & extends parts of existing law Covers all persons at work in industrial

establishments. Recognizes employers (contractors incl.),

occupiers Imposes duties on

employers,occupiers,employees, owners, suppliers, designers, importers, the self-employed.

Provides additional OSH requirements

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Broad Provisions 2 Enhances the powers of Inspectors

Protects public & environment beyond fence line

Controls certain emissions into the atmosphere

Protects pregnant women, nursing mothers, young

persons

Requires medicals for young persons, pre-

employment medicals for permanent employees.

Right to refuse work where S or H is in imminent

danger

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General Duties – Employers 1

To ensure , so far as is reasonably practicable, the H, S and W of all employees- Part 11 Section 6 - 8:

Safe plant and systems of work. Safe use, handling, storage,

transportation of equipment, machinery, articles, substances.

Provision of any required information, instruction, training and supervision.

Safe place of work, safe access, egress. Safe work environment, welfare facilities.

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General Duties – Employers 2 S. 6. (7) Prepare written safety & health policy

together with organization and arrangements

if more than 25 employees.

S. 6 (9)Protect pregnant women, nursing

mothers, young persons

S. 7 Safeguard the S&H of 3rd parties.

Part III – Rights of employees to refuse work,

where safety or health in imminent danger.

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Duties of Employers cont’d S.12 – Employees can not be charged for anything done,

or provided, for compliance, e.g PPE.

S.13 – Employers must undertake annual SH&E risk

assessments and implement controls to mitigate risks

S.46 – Notice of accidents.

S.62 - Periodical returns of factory employees.

S.75 – Preserve registers and inspection records for for at

least 5 years; health records to be preserved for at least

25 yrs and submitted to Agency on cessation of trade.

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General Duties of Occupiers – Sections 8 & 9 Ensure safe conditions of premises, means

access and escape Ensure safe conditions of plant, equipment. Ensure written Safety Policy Program Ensure written Emergency Response Plan

based on risk assessment May be required by the Chief Inspector to

appoint a Safety Practitioner. Protect S&H of the public within the

standards established by the EMA .

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Duties Of Employees Take reasonable care for safety & health of

self and others who may be affected. Cooperate with employer in terms of

compliance with employer’s duties. Not under the influence of any intoxicant Report to employer breaches of the Act, regulations. Use correctly PPE / protective devices Not interfere with or misuse H,S&W items. Not undertake any willful acts causing death or critical

injury.

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General Duties of Manufacturers & Suppliers Section 13 B (1-9)

Ensure, so far as is reasonable practicable, the safety of any articles or substances when properly used in the workplace

Ensure availability of appropriate information to enable safe use

Installer or erector to ensure that nothing about the way of installation or erection makes the article unsafe or a risk to health

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Part IV – Safety Provisions

S.22 0 - Provision of training, supervision of young persons working on dangerous machinery

S.23 - Protective clothing or devices of approved standards with instructions.

S.24 - Removal of dusts and fumes. S.25 - Provisions for confined space entry. S.25.7 - Certification by Chief Inspector of

competent persons to examine and issue certificates.

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Part IV – Safety Provisions S.25A-D - Safe guarding prime movers,

transmission machinery and dangerous parts of machinery

S.25E/F – S&H committees established. S.25H – Construction and maintenance of

machinery fencing. S.25I - Construction and sale of new

machinery driven by mechanical power. S25J - Cleaning of machinery S25K – Appropriate health surveillance

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Part V – Fire Provisions S26.1 - Provision of adequate means of escape

in case of fire, based on risk assessment. S26.2 – Certification by the fire authority as

prescribed under the Act. S26.6 – Requirement to give notice to the fire

authority and the municipal corporation of any change of use.

S27.1 – Safety provisions in case of fire. S28 – Instructions as to use of means of

escape in case of fire. S29 – Adequate fire-fighting equipment.

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Part VI – Health ProvisionsThe Act makes provisions for: S. 31 – Cleanliness S. 32 – Respiratory protection S. 33 - Lighting, prevention of glare, shadows S. 34 - Noise and vibration S. 35 - Prevention of overcrowding S. 36 - Suitable ventilation S. 37 – Health surveillance medicals may be

required as a precondition of permanent employment or to determine fitness for work

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Part VII – Welfare Provisions

S.39-41 – Drinking water, Washing Facilities, Sanitary Conveniences to be provided.

S.42 - Suitable accommodation for clothing not worn during working hours.

S.43.1-3 – First aid boxes or cupboards under control of responsible persons trained in first aid (retested every 3 years).

S.43.4 - For factory or industrial estate with more than 250 employees provide emergency health facilities according to risk assessment

S.45 - Provision of restrooms and lunchrooms in every factory.

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Safety and Health Committees S25 E&F Make recommendations about the safety and

health of persons in the workplace Investigate and seek to resolve OSH issues. Seek assistance from the Chief Inspector as

needed. Obtain information from the employer Consulted about testing in the workplace Conduct workplace inspections Review Risk Assessments and Control Programs

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BREACH OF DUTIES - EMPLOYER

Breaches of the pregnancy provisions under sub-sections 6(9) – 6(12)

determined in the Industrial Court Contravention of provisions of the Act is

a Safety & health offence subject to the jurisdiction of the Industrial Court.

Aggrieved parties may seek redress in the Industrial Court - (Section 83A):

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BREACH OF DUTIES - OCCUPIERS

Breach of general duties listed in Section 8 and failure to comply with directions of the Chief Inspector is a S & H offence subject to the jurisdiction of the Industrial Court.

S.85 – Penalty where none is expressly provided - $20,000 fine and imprisonment of 1 year, plus further fine of $10,000 per day, for continuing offence after conviction.

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BREACH OF DUTIES - EMPLOYEES

Failure to comply with Section 10 (1) is a safety and health offence and will be determined in the Industrial Court.

For willful acts causing death or critical injury S10(2), employee is liable to a fine of $10,000 on summary conviction.

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PERSONAL LIABILITY OF DIRECTORS OR OTHER OFFICERS

Sub-section 83(3) – Where an offence is committed by a body corporate with the consent, connivance or knowledge of, or can be attributable to any neglect on the part of a director, manager, secretary or other officer of a company, such director, manager, secretary or other officer, as well as the company is liable to prosecution for commission of the offence.

Failure on the part of any of the above to ensure that employees under their supervision obey OSH procedures could lead to their prosecution.

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Onus of Proof

Onus of proof is on accused to prove not “reasonable practicable” to do more than what was already done.

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FINES IN CASE OF DEATH OR INJURY

Sub-section 86(1) … fine of one hundred thousand dollars, or of an amount equivalent to three years pay of that person which ever is greater – the whole or part may be applied for the benefit of the victim or of his estate or otherwise as the Court may determine.

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Prescribed Penalties

Fines range from $2,000 to $100,000.

Imprisonment from 3 months to 3 years.

Both fines and imprisonment possible.

Where no specific penalty is provided,

$20,000 fine

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Notification of Injury / Illness

S.46.1 - Death or critical injury - immediate notification & written notice within 48 hrs.

S.46.2 – Where safety or health of the public at risk immediate notification & written notice within 48 hrs.

S.46A - Non-critical injury - written report within 4 days.

S.48 - Occupational illness - written notice within 48 hrs of being notified by a medical practitioner.