Occupational Safety and Health Amendment Act 2009
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
1
BERMUDA
2009 : 34
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
[Date of Assent: 15 July 2009]
[Operative Date: 15 July 2009]
WHEREAS it is expedient to amend the Occupational Safety and
Health Act 1982;
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act, which amends the Occupational Safety and Health Act
1982 (the ―principal Act‖), may be cited as the Occupational Safety and
Health Amendment Act 2009.
Amends section 9
2 Section 9 of the principal Act is amended by inserting the
following next after subsection (4)—
―(5) As an alternative to publication in the Gazette under
section 5(1) of the Statutory Instruments Act 1977, regulations
under this Act may, within one month after filing, be—
(a) deposited for public inspection at the Bermuda
National Library, as defined in the Bermuda
National Library Act 1946, and at other locations
to be determined by the Minister; and
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
2
(b) posted on the website of the Government of
Bermuda.
(6) Regulations that are deposited and posted under
subsection (5) shall have effect on the day that the Minister
publishes a notice in the Gazette that the regulations have been
deposited and posted under that subsection.
(7) The notice referred to in subsection (6) shall indicate
the locations where the regulations have been deposited and the
web address where they have been posted.‖.
Inserts sections 27 to 36
3 The principal Act is amended by inserting the following after
section 26
“Definitions
27 In sections 28 to 36—
"offence" means a contravention of this Act, or
regulations made under this Act, that is listed in
regulations made under section 36;
"ticket" means a ticket referred to in section 29.
Authorization of ticketing for offences
28 Without prejudice to the procedure set out in the
Summary Jurisdiction Act 1930 for laying an information and
for issuing a summons, an information may be laid and a
summons issued for an offence by means of a ticket issued in
accordance with this Act.
Form of ticket
29 (1) A ticket shall consist of three parts – an information,
a summons and a record of convictions – and shall be in a form
prescribed by regulations made under section 36.
(2) A ticket shall include a reference to the provision of
this Act, or regulations made under this Act, that is alleged to
have been contravened and a description of the offence as set
out in regulations made under section 36.
Issue of ticket
30 An authorized officer who has reasonable cause to believe
that a person has committed an offence may issue a ticket under
this Act to that person by delivering to, or serving on, the person
the summons part of the ticket in accordance with section 31.
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
3
Summons
31 (1) An authorized officer who issues a ticket shall, upon
completing and signing the summons part of the ticket, either
deliver the summons part to the person charged with the offence
in respect of which the ticket is issued or serve it on that person
by sending it by registered mail to the person’s last known
address.
(2) Unless the contrary is shown, the date of service of a
summons served by registered mail is the fourteenth day after it
was sent to the address referred to in subsection (1).
(3) Where the summons part is delivered to the person
charged, the authorized officer shall request the person charged
with the offence to sign the ticket in the place provided for
signature, and the person’s signature shall be sufficient proof
that the person has received the summons.
(4) A person charged with an offence who refuses
without reasonable excuse to accept delivery of the summons
part of a ticket under subsection (1) commits an offence:
Punishment on summary conviction: a fine of $100.
Payment of penalty out of court
32 (1) An authorized officer who issues a ticket in respect of
an offence may enter on the summons part of the ticket the
amount of any penalty for that offence specified in regulations
made under section 36, in which case the officer shall endorse
on the back of the summons part of the ticket a notice that the
person to whom the summons is directed may, within seven
days after delivery or service of the summons as the case may
be, pay out of court the specified penalty.
(2) Where a summons is endorsed under subsection (1),
it shall provide for a plea of guilty in the following form—
―PLEA OF GUILTY
I am aware that I have a right to a hearing in respect of
the offence with which I am charged and that by signing
this plea of guilty I am waiving my right to a hearing and
my signature may result in a conviction against me
without a hearing. I hereby plead guilty to the offence as
charged and consent to be convicted of the offence in my
absence.
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
4
[blank]
Signature of Defendant‖
(3) A signature affixed to the form of Plea of Guilty
purporting to be that of the person to whom the summons is
directed is prima facie proof that it is the signature of that
person.
(4) Upon receipt of a summons duly signed with a plea of
guilty and of the amount of the penalty specified in the
summons, an officer of the court shall issue an official receipt for
the amount of that penalty and shall place the summons before
the court.
(5) The court shall formally convict the person charged of
the offence specified in the summons and no further penalty
may be imposed in respect of the offence.
(6) If a person charged with an offence does not plead
guilty to the offence and pay the penalty specified in the
summons, the person shall appear at the time and place
specified in the summons for the hearing of the charge, and, if
they fail to appear, the court may proceed in accordance with
section 4 of the Summary Jurisdiction Act 1930.
Information
33 (1) The information part of a ticket shall be—
(a) signed by the authorized officer who issues the
ticket;
(b) signed by the person who swears the information
(the ―informant‖) and sworn before a justice of
the peace; and
(c) deposited with the court, together with the record
of conviction part of the ticket.
(2) The information part of a ticket need not be sworn to
before the summons part is delivered or served and the
informant need not be the person who delivers or serves the
summons.
Amount of penalty
34 Nothing in this Act prevents the court from imposing any
penalty authorized by law in respect of an offence if—
(a) no amount is entered on the summons; or
OCCUPATIONAL SAFETY AND HEALTH AMENDMENT ACT
2009
5
(b) the person charged does not plead guilty to the
offence and pay the penalty specified in the
summons.
Record of conviction
35 Where the court makes a conviction on an information in a
ticket in respect of an offence, the court shall complete the
record of conviction part of the ticket and an officer of the court
shall cause a copy of it to be forwarded to the Minister.
Regulations
36 (1) The Minister may make regulations—
(a) prescribing the form of a ticket;
(b) listing offences in respect of which a ticket may be
issued;
(c) setting out a description of offences; and
(d) specifying fines for offences, not exceeding $1,000
for any offence.
(2) The negative resolution procedure applies to
regulations made under this section.‖.
