4. Constitution of Council

1) The Council shall consist of 20 members, namely -

  1. the chief inspector, ex officio, who shall be the chairman;
  2. one officer serving in the Department;
  3. the Workmen's Compensation Commissioner, or his nominee;
  4. one person nominated by the Minister for National Health and Welfare;
  5. one person nominated by the Minister of Mineral and Energy Affairs;
  6. six persons to represent the interests of employers from a list of the names of persons nominated by employers' organizations or federations of employers' organizations;
  7. six persons to represent the interests of employees from a lists of the names of persons nominated by trade unions or federations of trade unions;
  8. one person who in the opinion of the Minister has knowledge of occupational safety matters;
  9. one person who in the opinion of the Minister has knowledge of occupational medicine and who was recommended by the Minister for National Health and Welfare;
  10. one person who in the opinion of the Minister has knowledge of occupational hygiene.

2) The members referred to in subsection (1)(b) up to and including (j) shall be appointed by the Minister.

5. Period of Office and remuneration of members of Council

1) The members of the Council referred to in section 4(2) shall be appointed for a period of three years, and on such conditions as the Minister may determine with the concurrence of the Minister of State Expenditure.

2) Any person whose period of office as a member of the Council has expired shall be eligible for reappointment.

3) A member referred to in section 4(1)(f), (g), (h), (i) or (j) who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.

6. Establishment of Technical Committees of Council

1) The Council may with the approval of the Minister establish one or more technical committees to advise the Council on any matter regarding the performance by the Council of its functions.

2) A member of a technical committee shall be appointed by the Council by reason of his knowledge of the matter for which the committee is established, and such a member need not be a member of the Council.

3) A meeting of a technical committee shall be held at such time and place as may be determined by the chairman of the Council, and in accordance with rules approved by the Council.

4) A member of a technical committee who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.

7. Health and Safety Policy

1) The chief inspector may direct -

  1. any employer in writing; and
  2. any category of employers by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organization and the arrangements for carrying out and reviewing that policy.

2) Any direction under subsection (1) shall be accompanied by guide-lines concerning the contents of the policy concerned.

3) An employer shall prominently display a copy of the policy referred to in subsection (1), signed by the chief executive officer, in the workplace where his employees normally report for service.

8. General duties of employers to their employees

1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees.

2) Without derogating from the generality of an employer's duties under subsection (1), the matters to which those duties refer include in particular --

  1. the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health;
  2. taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment;
  3. making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances;
  4. establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures;
  5. providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees;
  6. as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken;
  7. taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used;
  8. enforcing such measures as may be necessary in the interest of health and safety;
  9. ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and
  10. causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1)(b).

9. General duties of employers and self-employed persons to persons other than their employees

1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.

2) Every self-employed person shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.

10. General duties of manufacturers and others regarding articles and substances for use at work

1) Any person who designs, manufactures, imports, sells or supplies any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements.

2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.

3) Any person who manufactures, imports, sells or supplies any substance for use at work shall -

  1. ensure, as far as is reasonably practicable, that the substance is safe and without risks to health when properly used; and
  2. take such steps as may be necessary to ensure that information is available with regard to the use of the substance at work, the risks to health and safety associated with such substance, the conditions necessary to ensure that the substance will be safe and without risks to health when properly used and the procedures to be followed in the case of an accident involving such substance.

4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.

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