L.R.O. 1/2012
LAWS OF GUYANA
OCCUPATIONAL SAFETY AND HEALTH ACT
CHAPTER 99:06
Act
32 of 1997
Amended by
22 of 2009
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 135 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Occupational Safety and Health (Fees and Prescribed Forms)
Regulations
135
(Reg. 2/2006)
Note
on
Repeal
This Act repealed:-
Sections 2(l) (except the definitions of “building operation”, “child”, “factory”, “the Labour
Authority”, “occupier”, owner”, “ship”, “vessel” and “harbours”, “week”, “woman”, “work of
engineering construction” and “young person”), 4, 5, 6, 7, 8, 10(1)(c), (g) and (i), 12, 13, 14, 15,
16, 18, 19, 20, 26(1)(a), (b), (c) and (d), (2)(a), (b), (c), (d), (e), (f), (h), (i), (m), (n), and (o), 29(1)(a),
(b), (c) and (d), (2), (a) and (b), (3)(a), (b), (c), (d), (e), (f), (g), (i) and (j), 37(1)(b) and (c) and 38 of
the Factories Act (Cap. 95:02);
The Accidents and Occupational Diseases (Notification) Act (46 of 1955); and Sections 13 and 14
of the Shops (Consolidation) Act (Cap. 91:04).

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CHAPTER 99:06
OCCUPATIONAL HEALTH AND SAFETY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I PRELIMINARY SECTION
1. Short title.
2. Interpretation.
3. Application of Act to industrial establishment, etc.
4. Work in private residence.
5. Self-employed person and person engaged in homework.
PART II
REGISTRATION OF INDUSTRIAL ESTABLISHMENTS
6. Register of industrial establishments and particulars thereof.
7. Application for registration of industrial establishment and
particulars thereof.
8. Application for registration of change in particulars registered.
9. Correction of register.
PART III ADMINISTRATION
(a) Governmental
10. Establishment and functions of National Advisory Council on
Occupational Safety and Health.
11. Committees.
12. Establishment of Occupational Safety and Health Authority and
designation of inspectors.
13. Powers of the Occupational Safety and Health Authority and of an
inspector.
14. Certificate of appointment of inspector.
15. Appointment of medical inspectors.
16. Powers and duties of medical inspectors.
17. Power of inspector to require certificate of fitness for work.
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SECTION
18. Fees of medical inspectors.
19. Periodical report of medical inspector to Authority.
20. Appointment of technical examiners.
21. Appointment of Occupational Safety and Health Commissioner.
(b) Non-Governmental
22. Safety and health representatives.
23. Joint workplace safety and health committee.
24. Workers trades’ committee.
25. Consultation on industrial hygiene testing.
26. Summary to be furnished.
(c) Provisions Applicable To Inspection, etc.
27. Representation during inspections.
28. Request for inspections.
29. Seizure of documents or articles.
30. Orders by inspectors for non-compliance
31. Entry into barricaded area.
32. Notice of compliance.
33. Injunction proceedings.
34. Appeals from order of inspector.
35. Obstruction of inspector.
36. Information confidential.
37. Copies of reports.
38. Immunity.
(d) Expenses of Administration
39. Levy to defray expenses.
PART IV SAFETY AND HEALTH
40. Safety of buildings, ways, machinery and plant.
41. Prohibition of employment of children in factories.
42. Construction and sale of new machinery.
43. Provisions as to sanitary and other arrangements.
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SECTION
44. Apportionment of expenses.
PART V DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS
45. Duties of employer at a construction site.
46. Duties of employer generally.
47. Additional duties of employers.
48. Duties of supervisors.
49. Duties of workers.
50. Duties of occupiers generally.
51. Duties of occupiers to protect safety and health of public.
52. Duties of owners.
53. Duties of owners of construction sites.
54. Duties of suppliers.
55. Duties of directors and officers of a body corporate.
56. Refusal to work.
57. Complaint regarding refusal to work.
58. No discipline, dismissal, etc., by employer.
PART VI HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND BIOLOGICAL
AGENTS
59. Orders of Authority.
60. New chemicals or biological agents.
61. Hazardous materials inventory.
62. Hazardous chemical identification and data sheets.
63. Inventory and chemical safety data sheets to be available.
64. Assessment for hazardous chemicals.
65. Hazardous physical agents.
66. Instructions and training.
67. Confidential business information.
PART VII NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES
68. Interpretation.
69. Notification of accidents.
70. Notification of occupational diseases and other diseases.
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SECTION
71. Inquest in case of death by accident or occupational disease.
72. Powers of Minister to direct formal investigation of accidents and
cases of occupational disease.
73. Application to Government, etc.
74. Accidents, explosions, etc., at an industrial establishment.
PART VIII REGULATIONS
75. Power of Minister to make regulations.
76. Penalty for breach of regulations.
PART IX OFFENCES, PENALTIES AND PROCEDURE
77. Liability of employers, owners, directors and others.
78. Special provisions as to evidence.
79. Special rules for the determination of the occupier of an industrial
establishment in the case of a partnership or a company.
80. Special rules as to making of complaints for offences.
81. Powers of court to order cause of contravention to be remedied.
82. Proceedings against persons other than occupiers.
83. Power to make a complaint at any time for an offence under Part II.
PART X MISCELLANEOUS
84. Display of industrial establishment notices.
85. Power of authority to require returns.
86. General register.
87. Enforcement by Local Sanitary Authority of certain provisions.
88. Savings.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
__________________________
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Short title.

Interpretation.
PART I PRELIMINARY
1. This Act may be cited as the Occupational Safety
and Health Act.
2. (1) In this Act—
“Advisory Council” means the National Advisory Council on
Occupational Safety and Health established under
section 10;
“agricultural undertaking” means an undertaking or part
thereof engaged in cultivation, animal husbandry
including livestock production and care, forestry,
horticulture, the primary processing of agricultural
products or any other form of agricultural activity;
“air-receiver” means—
(a) any vessel (other than a pipe or
coil, or an accessory, fitting or
part of a compressor) for
containing compressed air and
connected with an air
compressing plant;
(b) any fixed vessel for containing
compressed air or compressed
exhaust gases and used for the
TH[9 DECEMBER, 1997]
therewith or material thereto.
health of persons at work, and for purposes connected
industrial establishments, for occupational safety and
An Act to provide for the registration and regulation of 32 of 1997
OCCUPATIONAL HEALTH AND SAFETY ACT
CHAPTER 99:06
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purpose of starting an internal
combustion engine;
(c) any fixed or portable vessel
(not being part of a spraying
pistol) used for the purpose of
spraying by means of
compressed air, any paint,
varnish, lacquer or similar
material; or
(d) any vessel in which liquid is
stored and from which it is
forced by compressed air;
“appointed day” means the date on which this Act comes into
operation;
“article” means an object which is formed to a specific shape
or design during its manufacture or which in its natural
shape, and whose use in that form is dependent in whole
or in part on its shape or design;
“Authority” means the Occupational Safety and Health
Authority established under section 12;
“biological agent means bacteria, viruses, fungi, rickettsiae,
chlamydia and parasites;
“bodily injury” includes injury to health;
“chemical” means a chemical element and compound, and a
mixture thereof whether natural or synthetic;
“child” means a person under the age of fifteen;
“Commissioner” means the occupational safety and health
commissioner appointed under section 21;
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“committee” means a joint workplace safety and health
committee established under section 23;
“competent person” means a person who—
(a) is qualified because of
knowledge, training and
experience to organize the
work and its performance;
(b) is familiar with this Act and the
regulations that apply to the
work; and
(c) has knowledge of any potential
or actual danger to safety or
health in the workplace;
“construction” includes —
(a) building, including excavation
and the construction, structural
alteration, renovation; repair
maintenance (including
cleaning and painting) and
demolition of all types of
buildings or structures;
(b) civil engineering, including
excavation and the
construction, structural
alteration, repair, maintenance
and demolition of, for example,
airports, docks, harbours,
inland waterways, dams, river
and avalanche and sea defence
works, roads and highways,
railways, bridges, tunnels,
viaducts and works related to
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the provision of services such
as communications, drainage,
sewerage, water and energy
supplies; and
(c) the erection and dismantling of
buildings and structures, as
well as the manufacturing of
prefabricated elements on the
construction site;
“construction site” means any, site at which any of the
processes or operations described in the definition of the
term “construction” are carried on;
“critical substance” means a chemical, physical agent or
biological agent, or combination thereof prescribed as a
critical substance to which the exposure of a worker is
prohibited, regulated, restricted, limited or controlled;
“domestic worker” means a person employed to do
household work in another person’s home or dwelling;
“driving-belt” includes any driving strap, rope or chain;
“employer” means—
(a) any person who employs one
or more workers;
(b) attorney, agent, foreman,
manager, supervisor, clerk and
any other person engaged in
the hiring or superintending
the labour or service of any
worker;

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c. 95:02
(c) as the context requires, the
operator, principal contractor,
contractor or subcontractor;
“existing industrial establishment” means any industrial
establishment which is in operation on the appointed
day;
“factory” has the same meaning as in sections 2 and 3 of the
Factories Act and includes any agricultural undertaking,
construction site or logging operation which is outside
the scope of the definition of factory in that Act;
“fume” includes gas, vapour or smoke;
“hazardous biological agent” means any biological agent at
an excessive level for which relevant information exists
to indicate that the biological agent at this level is
hazardous;
“hazardous chemical” means any chemical which has been
classified as hazardous in accordance with Article 6 of
the International Labour Organisation Convention (No.
170) or for which relevant information exists to indicate
that the chemical is hazardous;
“hazardous physical agent” means any physical agent at
excessive level for which relevant information exists to
indicate that the physical agent at this level is hazardous;
“hazardous substances” means a substance or mixture of
substances which by virtue of chemical, physical or
toxicological properties either singly or in combination,
constitutes a hazard;
“homework” means the doing or any work in the
manufacture, preparation, improvement, repair,
alteration, assembly or completion of any article or any
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part thereof by a worker for wages in his own home or
other promises occupied primarily as living
accommodation;
“International Labour Organisation Convention (No. 170)”
means the International Labour Organisation Convention
concerning safety in the use of chemicals at work
adopted in Geneva on 25th day of June 1990;
“industrial establishment” means a factory, shop, office, or
workplace and any, building or other structure or
premises appertaining thereto but does not include
premises occupied for residential purposes only;
“inspector” means any person who is designated as an
inspector under section 12;
“logging operation” means the operation of felling or
trimming trees for commercial or industrial purposes or
for the clearing of land, and includes the measuring
storing, transporting or floating of logs, the maintenance
of haul roads, scarification, the carrying out of planned
burns and the practice of silviculture;
“major hazard installation” means an installation which
produces, processes, handles, uses, disposes of or stores,
either permanently or temporarily; one or more
hazardous substances or categories of substances in
quantities which exceed the threshold quantity as
prescribed;
“machinery” includes—
(a) stationary or portable boilers in
an industrial establishment;
(b) steam or other engines in an
industrial establishment;
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(c) all apparatus or appliances for
generating, developing,
receiving or transforming, or
measuring or testing the
volume, voltage, pressure or
frequency of, or for distributing
or applying any mechanical,
electric or natural power to any
industrial or manufacturing
process in an industrial
establishment;
(d) furnaces and fuel or storage
tanks situate within, opening
into or attached to the structure
of, or directly connected with,
any industrial establishment;
(e) railway locomotives, tractors,
road rollers or other type of
road locomotive;
(f) marine boilers, steam receivers
and air receivers on any ship or
vessel which is not a foreign
ship;
(g) vats, tanks, cooling or drying
devices used for the storage of,
or otherwise in connection
with, the product of any
mechanical process, and situate
within or attached to the
premises within which such
process is carried on;
(h) any plant, or apparatus used to
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generate, purify, mix, heat, or
cool any fume, gas or vapour;
and
(j) any driving belt;
“medical inspector” means any registered practitioner who is
designated as a medical inspector under section 15;
“mine” means—
(a) any surface or underground site
where the following activities, in
particular, take place-
(i) exploration of mineral
resources that involves the
mechanical disturbance of the
ground;
(ii) the extraction of mineral
resources;
(iii) preparation, including
crushing, grinding,
concentration or washing of the
extracted material;
(b) any machinery, equipment, appliance,
plant, building, or civil engineering
structure used in conjunction with
any activity referred to in
subparagraph (a);
“new industrial establishment” means any industrial
establishment which first commences to operate at some
time after the appointed day;
“occupational disease” means—
(a) a disease prescribed as an
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occupational disease under
section 75(2) (C) (e);
(b) a work-related disease;
“occupier” means the person who controls the industrial
establishment and the work that is done there;
“owner” means the person for the time being receiving the
rackrent of the premises used as an industrial
establishment, whether on his own account or as agent,
trustee, receiver, mortgagee in possession for any other
person, or who would so receive the rent if the premises
were let at a rackrent;
“physical agent” includes electromagnetic radiation, ionising
radiation, noise, vibration, heat, cold, humidity and
pressure;
“power” means electrical energy, and any other form of
energy which is mechanically transmitted and is not
generated by human or animal energy;
“prescribed” means prescribed by this Act or a regulation
made under this Act;
“prime mover” means every engine, motor or other appliance
which provides mechanical energy derived from steam,
water, wind, electricity, the combustion of fuel or other
source;
“sanitary conveniences” includes urinals, water-closets, or
closets, privies and any similar conveniences;
“safety and health representative” means a safety and health
representative selected under section 22;
“ship”, “vessel” and “harbour” have the same meanings as
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c. 98:03
are respectively assigned to them in any law relating to
shipping;
“shop” means a building, booth or stall or a part of such
building, booth of stall where goods are handled,
exposed or offered for sale or where services are offered
for sale;
“supervisor” means a person who has charge of a work place
or authority over a worker;
“technical examiner” means a person who is designated as a
technical examiner under section 20;
“threshold quantity” means for a given hazardous substance
or category of substances that quantity, as prescribed,
which if exceeded identifies a major hazard installation;
“trade union” has the same meaning assigned to it in the
Trade Unions Act;
“woman ”means a woman who has attained the age of 18
years;
“worker” means any employed person and apprentice;
“workplace” means any industrial establishment or place or
premises where a worker needs to be or go by reason of
his or her work and which is under the direct or indirect
control of the employer;
“work-related disease” means a condition that results from
exposure of a worker in a workplace to a chemical,
physical agent, or biological agent to the extent that the
normal physiological mechanisms of such worker is
affected and his health impaired thereby;
“young person” means a person who has ceased to be a child
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and has not attained the age of eighteen years.
(2) Premises shall not be excluded from the
definition of an industrial establishment by reason only that
they are open air premises.
(3) Any premises belonging to or in occupation of
the state or any municipal or any other public or local
government authority shall not be excluded from the
definition of an industrial establishment;
(4) A person who works in an industrial
establishment whether for wages or not, either in a process or
in clearing or oiling any part of the machinery or plant, or in
any other land of work whatsoever incidental to or connected
with the process, or connected with the article made or
otherwise the subject of the process therein, shall save as is
otherwise provided by this Act, be deemed to be employed
therein for the purposes of this Act and any proceedings
thereunder.
(5) A young person who works in an industrial
establishment, whether for wages or not, in collecting,
carrying or delivering goods, carrying messages or running
errands shall be deemed to be employed in the industrial
establishment for the purposes of this Act or of any
proceedings thereunder.
(6) For the purposes of this Act and the
regulations, a ship being manufactured or under repair shall
be deemed to be a construction site.
(7) An owner does not become an employer at a
construction site by virtue only of the fact that the owner has
engaged an architect, professional engineer or other person
solely to oversee quality control at a construction site.
(8) Except where otherwise expressly provided, the
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Application of
Act to
industrial
establishment,
etc.

Work in private
residence.

Self-employed
person and
provisions of this Act shall be in addition to and not in
substitution for or in diminution of the provisions of any
other written law.
(9) A reference to regulations in this Act, unless the
context otherwise requires, means regulations made under
this Act.
3. (1) Except where otherwise expressly provided, this
Act shall apply to every industrial establishment and to all
owners and occupiers thereof and employers and workers
therein.
(2) Subject to section 73, this Act shall apply to
industrial establishments belonging to or occupied by the
State, but in case of any public emergency, the Minister may
by order for the duration of the period specified in the order,
exempt from this Act any industrial establishment—
(a) belonging to or occupied by the State;
(b) in which work is being carried out on
behalf of the State; or
(c) whose activities are vital to the
national interest.
4. (1) This Act shall not apply to work performed by
the owner or occupant of a private residence in or about a
private residence or the lands and appurtenances used in
connection therewith.
(2) This Act shall apply to a domestic worker and
to an owner or occupant of a private residence with respect to
the work performed by the domestic worker for the owner or
occupant of a private residence.
5. (1) Sections 13, 16, 20, 30, 32, 33, 34, 35, 47, 48(l)(c),
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person engaged
in homework.

Register of
industrial
establishments
and particulars
thereof.


Application for
registration of
industrial
(e), (f) and (g), 56, 59(l), 60,61, 62, 63, 64, 65, 69, 70, 77, 78, 79,
80, 81 and 82 and the regulations in relation thereto, shall
apply mutatis mutandis to a self-employed person.
(2) Sections 13, 30-38, 46, 47, 49, 56-65, 67,70,71,
74,78 and 83 and the regulations in relation to fire escape, first
aid, safety and health and welfare shall apply mutatis
mutandis to workers engaged in homework and employers of
those workers.
PART II REGISTRATION OF INDUSTRIAL ESTABLISHMENTS
6. (1) Every industrial establishment and the
particulars thereof which are specified, in section 7 shall be
registered under this Act with the Authority.
(2) Until compliance with the provisions of section
7(2). every registration done under any other law before the
appointed day in respect of any existing industrial
establishment, shall, be deemed to have been done under this
Act and shall continue in effect under this Act for the purpose
of the application of the provisions of this Act to such
industrial establishment.
(3) The department responsible for registering any
existing industrial establishment referred to in subsection (2)
shall notify the Authority of the particulars or every such
registration.
(4) The Authority shall keep a register of industrial
establishments registered under section 7(l) and (2) and shall
cause to be entered therein the particulars from time to time
registered in respect of application for registration of such
industrial establishment.
7. (1) Every person who is the owner or employer
of an industrial establishment shall—
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establishment
and particulars
thereof.
(a) within thirty days after the appointed
day, in the case of an existing
industrial establishment not already
registered under any other law;
(b) within thirty days after the industrial
establishment commences to operate
as such, in the case of a new industrial
establishment; and
(c) within thirty days after the
anniversary of every certificate of
registration or continuation of
registration or renewal of registration
granted under subsection (4),
make application to the Authority in the prescribed form for
the registration of such industrial establishment.
(2) Every person who is the owner or occupier of
an existing industrial establishment referred to in section 6(2)
shall within one year after the appointed day, make
application to the Authority for a certificate of continuation of
registration under this Act.
(3) Every application under subsection (1) or (2)
shall contain the following particulars—
(a) the names and addresses of the owner
and of the occupier of the industrial
establishment to which the
application relates;
(b) the address and location of the
industrial establishment;
(c) the nature and the object of the
process carried on industrial
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establishment;
(d) the number of employees employed
in the industrial establishment—
(i) normally; and
(ii) at the date of application;
(e) the hazardous chemicals and
hazardous physical agents present in
the industrial establishment, as listed
in the hazardous materials inventory
required to be prepared under section
61(1) of this Act; and
(f) whether the industrial establishment
or mine is a major hazard installation.
(4) The Authority shall, upon the receipt of an
application under subsection (1) or (2) containing the
particulars specified in subsection (3) forthwith cause to be
registered or continued to be registered as the case may be,
the industrial establishment, and the particulars thereof, to
which the application relates, and the Authority shall issue to
the applicant a certificate of registration or continuation of
registration or renewal of registration, as the case may be of
the industrial establishment in the prescribed form.
(5) Every application for the registration or
continuation of registration or renewal of registration shall be
made on the prescribed form and accompanied by the
prescribed fee.
(6) Any person who intends to erect or cause to be
erected a new industrial establishment or any new building
appurtenant to any existing industrial establishment shall,
before the erection of such industrial establishment or
building is commenced, give notice in writing to the
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Application for
registration of
change in
particulars
registered.

Correction of
register.
Authority of his intention as aforesaid, and shall furnish the
Authority with such drawings, plans or specifications as
are specified in section 52.
8. Where any change takes place in any of the
particulars registered under section 7 (4), the owner or
occupier for the time being of the industrial establishment to
which the particulars relate shall, within thirty days after the
date upon which the change takes place, make application to
the Authority for the registration of the change, and the
Authority shall amend the register of industrial establishment
accordingly and issue to the applicant a verification of
registration of the change as aforesaid.
9. (1) The Authority may take such steps as
considered necessary to ascertain whether—
(a) any industrial establishment
registered under this Act is being
operated as an industrial
establishment; or
(b) any change has taken place in the
particulars registered under section 7
in respect of any industrial
establishment.
(2) Where the Authority ascertains that any
industrial establishment registered as aforesaid is not being
operated as an industrial establishment, or that a change has
taken place in the particulars registered as aforesaid in respect
of any industrial establishment, the Authority shall remove
the name of the industrial establishment from the register or
shall make such amendment to the register as the
circumstances may require.

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Establishment
and functions
of National
Advisory
Council on
Occupational
Safety and
Health.
PART III ADMINISTRATION
(a) Governmental
10. (1) There is hereby established an Advisory
Council to be known as the Advisory Council on
Occupational Safety and Health consisting of not less than
twelve nor more than twenty members appointed by the
Minister from among persons nominated for such
appointment by bodies or persons representative of the
concerns referred to in subsection (2).
(2) The members of the Advisory Council shall be
appointed for such term as the Minister determines and shall
be representative of management, labour, technical or
professional bodies or persons which or who are concerned
with and have knowledge of occupational safety, welfare and
health.
(3) The Minister shall designate a chairman and a
vice-chairman of the Advisory Council from among the
members appointed.
(4) The Minister may fill any vacancy that occurs in
the membership of the Advisory Council.
(5) The remuneration and expenses of the
members of the Advisory Council shall be determined by the
Minister and shall be paid out of the moneys appropriated
therefor by the National Assembly.
(6) The Advisory Council, with the approval of the
Minister, may make rules and pass resolutions governing its
procedure, including the calling of meetings, the
establishment of a quorum, and the conduct of meetings.

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Committees.
(7) The functions of the Advisory Council are—
(a) to advise the Minister on matters
relating to occupational safety and
health or arising out of the operation
of this Act which may be brought to
its attention or be referred to it,
including the formulation of a
national policy on occupational safety
and health;
(b) to make recommendations to the
minister relating to programmes of
the Authority in occupational safety
and health including enforcement and
the implementation of a national
policy on occupational safety and
health; and
(c) to promote public awareness of
occupational safety and health.
(8) The Advisory Council shall file with the
Minister not later than the 1st day of June in each year an
annual report upon the affairs of the Advisory Council for the
previous year.
(9) The Minister shall submit the report to the
National Assembly if it is in session or, if not, at the next
ensuing session.
11. (1) The Advisory Council may establish
committees to assist it in the performance of its functions and
may appoint such persons whether or not they are members
of the Advisory Council as it may deem fit to be members of
any such committees:
Provided that the Chairman of every such committee
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Establishment
of Occupational
Safety and
Health
Authority and
designation of
inspectors.

Power of the
Authority and
of an inspector.
shall be a member of the Council.
(2) Any person appointed under subsection (1)
who is not a member of the Council or a public officer may be
paid such remuneration and expenses as may be determined
by the Minister.
12. (1) There is hereby established an authority to be
known as the Occupational Safety and Health Authority
comprising such officers as may be designated by the
Minister by notice published in the Gazette, and where no
such authority is established, the Authority shall be the Chief
Occupational Safety and Health Officer.
(2) Subject to subsection (3), all industrial
establishments and all machinery shall be inspected by the
Authority, or, subject to the directions of the Authority by an
inspector.
(3) The Minister may make regulations for the
inspection of industrial establishments and machinery, or of
some classes of industrial establishments or of certain kinds of
machinery, by such persons as may be designated in such
regulations.
(4) The Minister may, by notice published in the
Gazette designate fit and proper persons to be inspectors for
the purposes of this Act.
(5) No person who is the occupier of any industrial
establishment or is directly or indirectly interested therein or
in any process or business carried on therein, or in a patent
connected therewith, or is employed in or about such
establishment shall be appointed an inspector or act as such.
13. (1) The Authority, and every inspector, shall for
the purposes of this Act have power –

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(a) whenever he has reasonable cause to
believe that any person is employed
in an industrial establishment, to
enter, inspect and examine such
industrial establishment and every
part thereof at any hour of the day or
night;
(b) whenever he has reasonable cause to
believe any place to be an industrial
establishment, to enter, inspect and
examine such place by day;
(c) whenever he has reasonable cause to
believe that explosive or highly
inflammable materials are stored or,
used in any building of which an
industrial establishment forms part, to
enter, inspect and examine any part
of such building by day;
(d) to enter any ship or vessel in any dock
or harbour or at any wharf, quay or
stelling and make such inspection and
examination as he may deem fit;
(e) to require the production of the
registers, certificates, notices and
documents kept in pursuance of this
Act, and to inspect, examine, and
copy any of them;
(f) upon giving a receipt therefor, to
remove any register, certificate, notice
and document kept in pursuance of
this Act for the purpose of making
copies therefor or extracts therefrom,
and upon making copies thereof or
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extracts therefrom, to promptly return
the same to the person who produced
or furnished them;
(g) to make such examination, inquiry or
test as may be necessary to ascertain
whether, in respect of any industrial
establishment or the persons
employed therein, or in respect of any
prescribed occupation, the provisions
of this Act and of the enactments for
the time being in force relating to
public health are being complied
with;
(h) to conduct or take tests without
unduly disturbing the workplace, of
any equipment, machine, device,
article, material, chemical, physical
agent, or biological agent in or about a
work place and for such purposes, to
take and carry away such samples as
may be necessary subject to the
employer being notified of such
samples taken and carried away;
(i) to require in writing an employer to
cause any tests described in
paragraph (h ) to be conducted or
taken, at the expense of the employer,
by a person possessing such special
expert or professional knowledge or
qualifications as specified by the
inspector and to provide, at the
expense of the employer a report or
assessment by that person;
(j) in any inspection, examination,
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inquiry or test, to be accompanied and
assisted by or take with him any
person having special, expert or
professional knowledge of any
matter, take photographs, and take
with him and use any equipment or
material required for such purpose;
(k) to require any person whom he finds
in an industrial establishment to give
such information as it is in his power
to give as to whom is the occupier of
the industrial establishment;
(l) to examine either alone or in, the
presence of any other person as he
thinks fit, with respect to matters
under this Act, every person whom he
finds in an industrial establishment or
whom he has reasonable cause to
believe to have been employed or to
have been employed within the
preceding two months in an industrial
establishment, or in respect of any
prescribed occupation and to require
every such person to be so examined
and to sign a declaration of the truth
of the matters respecting which he is
so examined:
Provided however, that no person
shall be required under this
paragraph to answer any question, or
to give any evidence, tending to
incriminate himself;
(m) to require that any equipment,
machine, device, article or process be
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operated or set in motion or that a
system or procedure be carried out
that may be relevant to an
examination, inquiry or test;
(n) to require in writing an employer to
have equipment, machinery, or device
tested, at the expense of the employer,
by a professional engineer and to
provide, at the expense of the
employer, a report bearing the seal
and the signature of the professional
engineer stating that the equipment,
machinery or device is not likely to
endanger a worker;
(o) to require in writing that any
equipment, machinery or device not
be used pending testing described in
paragraph (n);
(p) to require in writing an owner or
employer to provide, at the expense of
the owner or employer, a report
bearing the seal and signature of a
professional engineer stating—
(i) the load limits of a floor, roof,
part of a building, structure or
temporary work;
(ii) that a floor, roof, part of a
building, structure or
temporary work is capable of
supporting or withstanding the
loads being applied to it or
likely to be paid to it; or
(iii) that a floor, roof, part of a
building, structure or
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temporary work is capable of
supporting or withstanding all
loads to which it may be
subjected without causing the
materials therein to be stressed
beyond the allowable unit
stresses established under any
building code or law;
(q) to require in writing an owner of a
mine or part thereof to provide, at the
owner’s expense, a report in writing
bearing the seal and the signature of a
professional engineer stating that the
ground stability of, the mining
methods and the support or rock
reinforcement used in the mine or
part thereof is such that a worker is
not likely to be endangered;
(r) to require in writing, within such time
as is specified a person who is an
employer, manufacturer, producer,
importer, distributor or supplier to
produce records or information, or to
provide, at the expense of such person
a report or evaluation made by a
person or organisation having special,
expert or professional knowledge or
qualifications as are specified by the
inspector of any process, chemical,
physical agent, or biological agent or
a combination of such a chemical and
such agents present, used or intended
for use in a workplace and the
manner of use, including—
(i) the ingredients thereof and
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their common or generic name
or names;
(ii) the composition and property
thereof,
(iii) the toxicological effect thereof;
(iv) the effect of exposure thereto
whether by contact, inhalation,
or ingestion;
(v) the protective measures used or
to be used in respect thereof;
(vi) the emergency measures used
or to be used to deal with
exposure in respect thereof; and
(vii) the effect of the use, transport
and disposal thereof,
(s) to require the production of any
material concerning the content,
frequency and manner of instruction
of any training programme and
inspect, examine and copy the
material and attend any such
programme;
(t) where the inspector is a registered
medical practitioner, to carry out such
medical examinations as may be
necessary for the purposes of his
duties under this Act;
(u) whenever he has reasonable cause to
believe that there may be any serious
obstruction in the execution of his
powers, duties and functions under
paragraphs (a), (b), (c) or (d), to take a
member of the police force or the
rural constabulary with him into the
industrial establishment, building,
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Certificate of
appointment of
Inspector.

Appointment
of medical
inspectors.
ship or vessel, as the case may be;
(v) to exercise such other powers, duties
and functions as may be necessary to
carry this Act into full effect.
(2) The occupier of every industrial establishment
his agents and servants shall furnish the means required by
an inspector as necessary for the entry, inspection,
examination, inquiry, the taking of samples or otherwise for
the exercise of his powers, duties and functions under this Act
in relation to that industrial establishment.
14. (1) Every Inspector appointed under section 12(4)
shall be furnished with a prescribed certificate of his
appointment.
(2) When visiting an industrial establishment or
place to which any of the provisions of this Act applies, he
shall, if required so to do, produce the said certificate to the
occupier or manager of the industrial establishment or place.
15. (1) The Minister may, by notice published in the
Gazette, designate a sufficient number of registered medical
practitioners to be medical inspectors for any of the purposes
of this Act.
(2) No medical practitioner who is the occupier of
an industrial establishment, or is directly or indirectly
interested therein, or in any process or business carried on
therein, or in a patent connected therewith, shall act as
medical inspector for that industrial establishment:
Provided that the Minister may authorise a registered
medical practitioner who is employed by the occupier of an
industrial establishment in connection with the medical
supervision of persons employed in the industrial
establishment but is not otherwise interested in the industrial
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Powers and
duties of
medical
inspector.
establishment, to act as medical inspector for such industrial
establishment for the purpose of examining and certifying the
fitness of young persons.
(3) Where there is no medical inspector for an
industrial establishment, the Government Medical Officer for
the medical district in which the industrial establishment is
situate shall be the medical inspector for that industrial
establishment.
16. (1) The medical inspector for an industrial
establishment shall have power at all reasonable times to
inspect the general register of that industrial establishment.
(2) It shall be the duty of a medical inspector to
investigate and report—
(a) upon any case of death or injury
caused by exposure in an industrial
establishment to fumes or other
noxious substances, or due to any
other special cause specified in
instructions of the Minister as
requiring investigation;
(b) upon any case of death, or injury
which the Authority in pursuance of
any general or special instructions of
the Minister may refer to him for that
purpose; and
(c) upon any case of disease of which he
receives notice under this Act.
(3) The medical inspector, for the purpose of an
investigation under this section shall have all the powers of
an inspector under this Act, and, in addition thereto, the
power to enter any room in a building to which the person
killed, injured or affected has been removed.
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Power of
inspector to
require
certificate of
fitness for
work.

Fees of medical
inspectors.
(4) Regulations may be made under this Act
regulating—
(a) the duties of medical inspectors; and
(b) any special inquiry, examination or
investigation held or performed by
medical inspectors in pursuance of
instructions or directions of the
Minister.
17. (1) Where the Authority or an inspector is of an
opinion that the employment of any young person in an
industrial establishment, or in any particular process or kind
of work in an industrial establishment, is prejudicial to the
health of the young person or to the health of other persons,
he may, anything contained in a certificate (previously
obtained) of fitness of the young person for employment to
the contrary notwithstanding, serve notice in writing on the
occupier of the industrial establishment requiring that the
employment of that young person in the industrial
establishment or in the process or kind of work as the case
may be, be discontinued after the period named therein,
being not less than one or more than seven days after the
service of the notice.
(2) No occupier of an industrial establishment
shall, after the period named in the notice under subsection
(1), employ the young person to whom the notice relates
contrary to requirements set out in the said notice, unless the
medical inspector for the industrial establishment has, after
the service of the notice, personally examined the young
person and certified that he is fit for employment in the
industrial establishment or in the process or kind of work, as
the case may be.
18. (1) The fees to be paid to medical inspectors for
carrying out their duties under this Act shall, in so far as they
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Periodical
report of
medical
inspector to the
Authority.

Appointment
of technical
examiners.

Appointment
of Occupational
Safety and
Health
Commissioner.
relate to any examination or certificate with respect to the
fitness of a young person for employment in an industrial
establishment or to any examination or medical supervision
of persons employed in an industrial establishment carried
out in pursuance of regulations made under this Act, be paid
by the occupier of that industrial establishment and in any
other case shall be defrayed as an expense of carrying this Act
into effect.
(2) Such fees shall, subject to any agreement made
between the medical inspector and the occupier of an
industrial establishment in respect of the fees payable by the
occupier be of such amount as may from time to time be
prescribed.
19. Every medical inspector shall in each year make at
the prescribed time a report in the prescribed form to the
Authority as to the examinations made for other duties
performed by him in pursuance of this Act.
20. (1) The Minister may, by notice publish in the
Gazette, designate persons who by virtue of training and
experience are duty and properly qualified to examine
equipment, drawings, plans, or specifications of any
workplace, to be technical examiners for the purposes of
carrying out such examination or other duty under this Act or
as prescribed.
(2) The Minister may by regulations prescribe the
fees to be paid to technical examiners for any examination or
the duty carried out by them under this Act or as prescribed.
21. (1) The Minister may appoint an Occupational
Safety and Health Commissioner who shall carry out the
duties and exercise the powers of the Commissioner under
this Act.
(2) The Minister or, where any direction or
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36 Cap. 99:06 Occupational Safety and Health
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c. 98:01
(Subsidiary
Legislation)

Safety and
health
representatives
and their
functions and
powers.
reference is made to the Commissioner, the Commissioner,
shall in relation to procedural matters, have all the powers of
an arbitration tribunal to which the provisions of the Labour
(Arbitration Procedure) Regulations apply and the provisions
of those Regulations shall mutatis mutandis apply to any
appeal, claim, rebuttal, complaint, or order filed with the
Minister or Authority, or directed or referred by the Minister
or Authority to the Commissioner, under this Act.
(3) The Commissioner appointed under subsection
(1) shall be paid such remuneration and expenses as the
Minister determines.
(b) Non-Governmental
22. (1) At a construction site or other workplace where
no committee is required under section 23 and where the
number of workers regularly exceeds five, the employer shall
cause the workers to select at least one safety and health
representative from among the workers at the workplace who
do not exercise managerial functions.
(2) If no safety and health representative is
required under subsection (1) and no committee is required
under section 23 for a workplace, the Minister may, by order,
require an employer to cause the workers to select one or
more safety and health representatives from among the
workers at the work-place or part thereof who do not exercise
managerial functions, and may provide in the order for the
qualifications of such representatives.
(3) Every order made under subsection (2) may
contain directions as the Minister considers advisable
concerning the carrying out of the functions of safety and
health representative.
(4) In exercising the power conferred by subsection
(2), the Minister shall consider the matters set out in section
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23(5).
(5) The selection of a safety and health
representative shall be made by those workers who do not
exercise managerial functions and who will be represented by
the safety and health representative in the workplace, or the
part or parts thereof, as the case may be.
(6) Where there is a trade union or trade unions
representing the workers referred to in subsection (5), the
selection of a safety and health representative may be
delegated by a majority of such workers to the trade union or
trade unions.
(7) Unless otherwise required by the regulations or
by an order by an inspector, a safety and health
representative shall inspect the physical conditions of the
workplace at least once a month.
(8) If it is not practical to inspect the workplace at
least once a month, the safety and health representative shall
inspect the physical condition of the workplace at least once a
year, inspecting at least a part of the workplace in each
month.
(9) The inspection required by subsection (8) shall
be undertaken accordance with a schedule agreed upon by
the employer and the safety and health representative.
(10) The employer and workers shall provide a
safety and health representative with such information and
assistance as such representative may require for the purpose
of carrying out an inspection of the workplace.
(11) A safety and health representative shall have
power to identify situations that may be a source of danger or
hazard to workers and to make recommendations or report
his findings thereon to the employer, the workers and the
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trade union or trade unions representing the workers.
(12) A safety and health representative has the
power—
(a) to obtain information from the
employer concerning the conducting
or taking of tests of any equipment,
machine, device, article, material,
chemical, physical agent or biological
agent in or about a workplace for the
purpose or occupational safety and
health;
(b) to be consulted about, and be present
at the beginning of, testing referred to
in paragraph (a) conducted in or
about the workplace if the
representative believes his presence is
required to ensure that valid testing
procedures are used or to ensure that
the test results are valid; and
(c) to obtain information from the
employer respecting—
(i) the identification of potential or
existing hazards of materials,
processes or equipment; and
(ii) safety and health experience
and work practices and
standards in similar or other
industries of which the
employer has knowledge.
(13) An employer who receives written
recommendations from a safety and health representative
shall respond in writing within twenty-one days.
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Joint work-
place safety
and health
committee.
(14) A response of an employer under subsection
(13) shall contain a timetable for implementing the
recommendations the employer agrees with and give reasons
why the employer disagrees with any recommendations that
the employer does not accept.
(15) Where a person is killed or critically injured at
a workplace from any cause, the safety and health
representative may, subject to section 69 (2), inspect the place
where the accident occurred and any machine, device or
article, and shall report his findings in writing to the
employer and the Authority.
(16) A safely and health representative is entitled
to take such time from work as is necessary to carry out his
duties under subsection (7) and (15) and the time so spent
shall be deemed to be work time for which the representative
shall be paid by his employer at the representative’s regular
or premium rate as may be proper.
(17) A safety and health representative or
representatives of like nature appointed or selected under the
provisions of a collective agreement or other agreement or
arrangement between the employer and the workers, has in
addition to his functions and the powers under the provisions
of the collective agreement or other agreement or
arrangement, the functions and powers conferred upon a
safety and health representative by this section.
(18) A safety and health representative shall
maintain and keep a record of the exercise of his functions
and powers conferred upon him, by this section and shall
make the same available for examination by an inspector.
23. (1) A joint workplace safety and health committee
is required—

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(a) at a workplace at which twenty or
more workers are regularly
employed;
(b) at a workplace with respect to which
an order to an employer is in effect
under section 59; or
(c) at a workplace other than a
construction site where fewer than
twenty workers are regularly
employed, with respect to which a
regulation concerning critical
substances applies.
(2) Subject to subsection (3), this section does not
apply—
(a) to an employer at a construction site
at which work is expected to last less
than three months; or
(b) to a prescribed employer or
workplace or class of employers or
workplaces.
(3) Despite subsections (1) and (2), the Minister
may, by order require an employer to establish and maintain
one or more joint workplace safety and health committees for
a workplace or a part thereof and may, in such order, provide
for the composition, practice and procedure of any committee
so established.
(4) The employer shall cause a joint workplace
safety and health committee to be established and maintained
at the workplace unless the Minister is satisfied that a
committee of like nature or an arrangement, programme or
system in which the workers participate was, on the
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appointed day established and maintained pursuant to a
collective agreement or other agreement or arrangement and
that such committee, arrangement, programme or system
provides benefits for the safety and health of the workers
equal to, or greater than, the benefits to be derived under a
committee established under this section.
(5) In exercising the power conferred by subsection
(3), the Minister shall consider—
(a) the nature of the work being done;
(b) the request of an employer, a group of
the workers or the trade union or
trade unions representing the workers
in a workplace;
(c) the frequency of occupational disease
or injury in the workplace or in the
industry of which the employer is a
part;
(d) the existence of safety and health
programmes and procedures in the
workplace and the effectiveness
thereof; and
(e) such other matters as the Minister
considers advisable.
(6) A committee shall consist of—
(a) at least four persons, for a workplace
where fewer than fifty workers are
regularly employed; or
(b) at least six persons or such greater
number of persons as may be
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prescribed, for a workplace where
fifty or more workers are regularly
employed.
(7) At least half the members of a committee shall
be workers employed at the workplace who do not exercise
managerial functions.
(8) The members of a committee who represent
workers shall be selected by the workers who do not exercise
managerial functions and who will be represented by those
members of the committee in the workplace or the part or
parts them of as the case may be.
(9) Where there is a trade union or trade unions
representing the workers referred to in subsection (8), the
selection of the members of a committee referred to in
subsection (8) may be delegated by a majority of such
workers to the trade union or trade unions.
(10) The employer shall select the remaining
members of a committee from among persons who exercise
managerial functions for the employer and, to the extent
possible, who do so at the workplace.
(11) A member of the committee who ceases to be
employed at the workplace ceases to be a member of the
committee.
(12) Two of the members of a committee shall, on a
rotating basis, co-chair the committee, one of whom shall be
selected by the members who represents workers and the
other of whom shall be selected by the members who exercise
managerial functions.
(13) It is the function of a committee and it has
power to—

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(a) identify situations that may be a
source of danger or hazard to
workers:
(b) make recommendations to the
employer and the workers for the
improvement of the health and
welfare of workers;
(c) recommend to the employer and the
workers the establishment,
maintenance and monitoring of
programmes, measures and
procedures respecting the safety of
workers;
(d) obtain information from the employer
respecting—
(i) the identification of potential or
existing hazards of materials,
processes or equipment; and
(ii) safety and health experience
and work practices and
standards in similar or other
industries of which the
employer has knowledge;
(e) obtain information from the employer
concerning the conducting or taking
of tests of any equipment, machine
device, article, material, chemical,
physical agent or biological agent in
or about a workplace for the purpose
of occupational safety and health; and
(f) be consulted about, and have a
designated member representing
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workers be present at the beginning
of testing referred to in clause (e)
conducted in or about the workplace
if the designated member believes his
presence is required to ensure that
valid testing procedures are used or
to ensure that the test results are
valid.
(14) The member of the committee who represent
workers shall designate one of them who is entitled to be
present at the beginning of testing described in subsection
(13)(f).
(15) An employer who receives written
recommendations from a committee shall respond in writing
within twenty-one days.
(16) A response of an employer under subsection
(15) shall contain a time table for implementing the
recommendations the employer agrees with and give reasons
why the employer disagrees with any recommendations that
the employer does not accept.
(17) A committee shall maintain and keep minutes
of its proceedings and make the same available for
examination and review by an inspector.
(18) The members of a committee who represent
workers shall designate a member representing workers to
inspect the physical condition of the workplace.
(19) The members of a committee are not required
to designate the same member to perform all inspections or to
perform all of a particular inspection.
(20) Unless otherwise required by the regulations
or by an order by an inspector, a member designated under
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subsection (18) shall inspect the physical conditions of the
entire workplace at least once a month.
(21) If it is not practical to inspect the entire
workplace in any one day in a month, in accordance with
subsection (20), the member designated under subsection (18)
shall continue on any one or several remaining days of the
said month to inspect at least a part of the workplace on each
such day until the entire workplace is inspected in that
month.
(22) The inspection required by subsection (21)
shall be undertaken in accordance with a schedule established
by the committee.
(23) The employer and the workers shall provide a
member designated under subsection (18) with such
information and assistance as the member may require for the
purpose of carrying out an inspection of the workplace.
(24) The member designated under subsection (18),
shall inform the committee of situations that may be a source
of danger or hazard to workers and the committee shall
consider such information within a reasonable period of time.
(25) The members of a committee who represent
workers shall designate one or more such members to
investigate cases where a worker is killed or injured at a
workplace from any cause and one of those members may,
subject to section 69(2), inspect the place where the accident
occurred and any machine, device or article, and shall report
his or her findings to the employer and the Authority is the
committee.
(26) An employer required to establish a
committee under this section shall post and keep posted at
the workplace the names and work locations of the committee
members in a conspicuous place or places where they are
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most likely to come to the attention of the workers.
(27) A committee shall meet at least once every
three months at the workplace and may be required to meet
by order of the Minister.
(28) A member of a committee is entitled to—
(a) one hour or such longer period of
time as the committee determines is
necessary to prepare for each
committee meeting;
(b) such time as is necessary to carry out
the member’s duties under
subsections (20), (21) and (25).
(29) A member of a committee shall be deemed to
be at work during the times mentioned in subsection (28) and
the member’s employer shall pay the member for those times
at the member’s regular or premium rate as may be proper.
(30) Any committee of a like nature to a committee
established under this section in existence in a workplace
under the provisions of a collective agreement or other
agreement or arrangement between an employer and the
workers has, in addition to its functions and powers under
the provisions of the collective agreement or arrangement, the
functions and powers conferred upon a committee by this
section.
(31) Where a dispute arises as to the application of
subsection (2), or the compliance or purported compliance
therewith by an employer, the dispute shall decide by the
Commissioner after consulting the employer and the workers
or trade union or trade unions representing the workers.

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Worker trades
committee.

24. (1) If a committee is required at a construction site,
other than a construction site where fewer than fifty workers
are regularly employed or that is expected to last less than
three months, the committee shall establish a worker trades
committee for the construction site.
(2) The members of a worker trades committee
shall represent workers employed in each of the trades at the
workplace.
(3) The members of a worker trades committee
shall be selected by the workers employed in the trades the
members are to represent.
(4) Where there is a trade union representing the
workers referred to in subsection (3), the selection of the
members of a worker trades committee may be delegated by a
majority of such workers to the trade union.
(5) It is the function of a worker trades committee
to inform the committee at the workplace of the safety and
health concerns of the workers employed in the trades at the
workplace.
(6) Subject to subsection (7), a member of a worker
trades committee is entitled to such time from work as is
necessary to attend meetings of the worker representative of
the committee with respect to proposed testing strategies for
representative of the committee concerning testing strategies
to be used.
(7) The committee for a workplace shall determine
the maximum amount of time for which members of a worker
trades committee for the workplace are entitled to be paid
under subsection (6) for each meeting of the worker trades
committee.

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Consultation
on industrial
hygiene testing.

Summary to be
furnished.
c. 36:01
25. (1) The employer at a workplace shall consult a
safety and health representative of the committee with respect
to proposed testing strategies for investigating industrial
hygiene at the workplace.
(2) The employer shall provide information to a
safety and health representative of the committee concerning
testing strategies to be used to investigate industrial hygiene
at the workplace.
(3) A safety and health representative or a
designated committee member representing workers at a
workplace is entitled to be present at the beginning of testing
conducted with respect to industrial hygiene at the workplace
if the representative or member believes his or her presence is
required to ensure that valid testing procedures are used or to
ensure that the test results are valid.
(4) The committee members representing workers
shall designate one of them for the purpose of subsection (3).
26. (1) A committee established, or safety and health
representative selected, under this Act for an employer, may
request the Authority to obtain from the National Insurance
Board, established under the National Insurance Act, an
annual summary of data relating to such employer in respect
of the number of work accident fatalities, the number of lost
workday cases, the number lost workdays, the number of
non-fatal cases that required medical aid without lost
workdays, the incidence of occupational diseases, the number
of work-related injuries, and such other data as the committee
or safety and health representative may request.
(2) Upon such request and receipt of such annual
summary of data, the Authority shall send copies thereof to
the committee, safety and health representative and the
employers and the employer shall cause a copy thereof to be
posted in a conspicuous place or places at the work-place
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Representation
during
inspections.

where it is most likely to come to the attention of the workers.
(3) The Authority shall, in accordance with the
objects and purposes of this Act, ensure that persons and
organizations concerned with the purposes of this Act are
provided with information and advice pertaining to its
administration and to the protection to the occupational
safety and occupational health of workers generally.
(c) Provisions applicable to Inspections, etc.
27. (1) Where an inspector makes an inspection of a
workplace under the powers conferred upon him or her
under section 13, the employer or group of employers shall
afford a committee member representing workers or a safety
and health representative, if any, or a worker selected by a
trade union or trade unions, if any, because of knowledge,
experience and training, to represent it or them and, where
there is no trade union, a worker selected by the workers
because of knowledge, training and experience to represent
them, the opportunity to accompany the inspector during his
physical inspection of a workplace, or any part thereof.
(2) Where there is no committee member
representing workers, no safety and health representative or
worker selected under subsection (2), the inspector shall
endeavour to consult during his physical inspection with a
reasonable number of the workers concerning matters of
safety and health at their work.
(3) The time spent by a committee member
representing workers, a safety and health representative or a
worker selected in accordance with subsection (2) in
accompanying an inspector during his physical inspection,
shall be deemed to be work time of which he shall be paid by
his employer at his regular or premium rate as may be
proper.

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Request for and
inspections.

Seizure of
documents or
articles.

Orders by
inspectors for
non-
compliance.
28. Subject to section 23(20), an inspector may in
writing direct a safety representative or a member designated
under section 23(18) to inspect the physical condition of the
work-place or part thereof at specified intervals.
29. (1) While acting under the authority of this Act, an
inspector may, without a warrant or court order, seize any
article or document that is produced to him or that is in plain
view, if the inspector reasonably believes that this Act or a
regulation has been contravened and that the article or
document will afford evidence of the contravention.
(2) The inspector may remove the article or
document seized or may detain it in the place in which it is
seized.
(3) The inspector shall inform the person from
whom the article or document is seized as to the reason for
the seizure and shall give the person a receipt for it; the
person from whom the article or document is seized, shall,
immediately on receiving information as to the reason for the
seizure and the receipt of the article or document seized,
bring such information and receipt to the attention of
management.
(4) The inspector shall bring an article or document
seized under the authority of this section before the Authority
or, if that is not reasonably possible, shall report the seizure to
the Authority.
30. (1) Where an inspector finds that a provision of
this Act or the regulations is being contravened, the inspector
may order, orally or in writing, the owner, employer, or
person whom he, or she believes to be in charge of a
workplace or the person whom the inspector believes to be
the contravener to comply with the provision and may
require the order to be carried out forthwith or within such
period of time as the inspector specifies.

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(2) Where an inspector makes an oral order under
subsection (1), the inspector shall confirm the order in writing
before leaving the workplace.
(3) An order made under subsection (1) shall
indicate generally the nature of the contravention and where
appropriate the location of the contravention.
(4) An order made under subsection (1) may
require an employer to submit to the Authority a compliance
plan prepared in the manner and including such items as
required by the order.
(5) The compliance plan shall specify what the
employer plans to do to comply with the order and when the
employer intends to achieve compliance.
(6) Where an inspector makes an order under
subsection (1) and finds that the contravention or this Act or
the regulations is a danger or hazard to the safety and health
of a worker, the inspector may—
(a) order that any place, equipment,
machine, device, article or any process
or chemical shall not be used until the
order is complied with;
(b) order that the work at the workplace
as indicated in the order shall stop
until the order to stop work is
withdrawn or cancelled by an
inspector after an inspection;
(c) order that the workplace where the
contravention exists be cleared of
workers and isolated by barricades,
fencing or any other means suitable to
prevent access thereto by a worker
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until the danger or hazard to the
safety or health of a worker is
removed.
(7) Despite subsection (6)(b), an employer who
gives notice to an inspector of compliance with an order made
under subsection (6) may resume work pending an inspection
and decision by an inspector respecting compliance with the
order if, before the resumption of work, a committee member
representing workers or a safety and health representative, as
the case may be, advises an inspector that in his opinion the
order has been complied with.
(8) In addition to the orders that may be made
under subsection (6), where an inspector makes an order
under subsection (1) for a contravention of section 62 or 65 or
the Authority has been advised of an employer’s inability to
obtain an unexpired chemical safety data sheet, the inspector
may order that the hazardous chemical shall not be used or
that the article that causes, emits or produces the hazardous
physical agent not to be used or operated until the order is
withdrawn or cancelled.
(9) Where an inspector makes an order under this
section, he may affix to the workplace, or to any equipment,
machine, device or article a copy thereof or a notice in the
prescribed form and no person, except an inspector, shall
remove such copy or notice unless authorized to do so by an
inspector.
(10) Where in inspector makes an order in writing
or issues a report of his inspection to an owner, employer or
person in charge of the workplace, the owner, employer or
person in charge of the workplace shall forthwith cause a
copy or copies thereof to be posted in a conspicuous place or
places at the workplace where it is most likely to come to the
attention of the workers and shall furnish a copy of such
order or report to the safety and health representative or the
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Entry into
barricaded
area.

Notice of
compliance.
committee, if any, and the inspector shall cause a copy thereof
to be furnished to a person who has complained of a
contravention of this Act or the regulations.
(11) An inspector shall hold or afford to an owner,
employer or any other person an opportunity for a hearing
before making an order.
(12) Notwithstanding the requirements specified in
this section with regard to in order of an inspector, where an
inspector has reason to believe that a person has committed
an offence against this Act or the regulations, he may give
that person a notice offering him the opportunity to discharge
any liability to conviction for that offence by payment to the
Authority of a sum of money which amounts to two- thirds of
the minimum prescribed penalty within twenty-eight days of
the date of the notice.
31. Where an order is made under section 30(6) (c), no
owner, employer or supervisor shall require or permit a
worker to enter the workplace except for the purpose of doing
work that is necessary or required to remove the danger or
hazard and only where the worker is protected from the
danger or hazard.
32. (1) Within three days after an employer who has
received an order under section 30 believes that compliance
with the order has been achieved, the employer shall submit
to the Authority a notice of compliance.
(2) The notice shall be signed by the employer and
shall be accompanied by—
(a) a statement of agreement or
disagreement with the contents of the
notice, signed by a member of the
committee representing workers or by
a safety and health representative, as
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Injunction
proceedings.

1
Appeals from
order of an
inspector.
the case may be; or
(b) a statement that the member or
representative has declined to sign the
statement referred to in paragraph (a).
(3) The employer shall post the notice of
compliance submitted under subsection (1) for a period of
fourteen days following its submission to the Authority in a
place or places in the workplace where it is most likely to
come to the attention of workers.
(4) Despite the submission of a notice of
compliance, an employer achieves compliance with an order
under section 30 when in inspector determines the
compliance has been achieved.
33. In addition to any other remedy or penalty
therefor, where an order under section 30 (6) is contravened,
such contravention may be restrained upon an application
made to the High Court at the instance of the Authority.
34. (1) Any employer, owner, worker or trade union
which considers himself, or itself aggrieved by any order
made by an inspector under this Act or the regulations may,
within seven days of the making thereof, appeal to the
Minister.
(2) An appeal to the Minister may be made in
writing or orally or by telephone, but the Minister may
require the grounds for appeal to be specified in writing
before the appeal is heard.
(3) The appellant, the inspector from whom the
appeal is taken and such other persons as the Minister may
specify shall be parties to an appeal under this section.
(4) The Minister may, having regard to the
circumstances, determine the appeal or direct that an appeal
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Obstruction of
inspector.
be determined on his behalf, by the Commissioner.
(5) The Minister or, where the Commissioner has
been directed under subsection (4), the Commissioner so
directed, may, notwithstanding section 21(2), give such
directions and issue such orders as he considers proper or
necessary concerning the procedures to be adopted or
followed.
(6) On an appeal under this section, the Minister
or, where the Commissioner has been directed under
subsection (4), the Commissioner so directed, may substitute
his findings for those of the inspector who made the order
appealed from and may rescind or affirm the order or make a
new order in substitution therefor, and for such purpose has
all the powers of an inspector and the order of the Minister or
the Commissioner as the case may be shall stand in the place
of and have the like effect under this Act and the regulations
as the order of the inspector.
(7) In this section, an order of an inspector under
this Act or the regulations includes any order or decision
made or given or the imposition of any term or condition
therein by an inspector under the authority of this Act or the
regulations or the refusal to make an order or decision by an
inspector.
(8) A decision of the Minister or the Commissioner,
as the case may be, under this section is final.
(9) On an appeal under this section, the Minister
or, where the Commissioner has been directed under
subsection (4), the Commissioner so directed, may suspend
the operation of the order appealed from pending the
disposition of the appeal.
35. (1) No person shall hinder, obstruct, molest or
interfere with or attempt to hinder, obstruct, molest or
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interfere with an inspector in the exercise of a power or the
performance of a duty under this Act or the regulations.
(2) Every person shall furnish all necessary means
in the person’s power to facilitate any entry, inspection,
examination, testing or inquiry by an inspector in the exercise
of his powers or performance of his duties under this Act or
the regulations.
(3) No person shall knowingly furnish an inspector
with false information or neglect or refuse to furnish
information required by an inspector in the exercise of his
duties under this Act or the regulations.
(4) No person shall interfere with any monitoring
equipment or device in a workplace.
(5) No person shall knowingly—
(a) hinder or interfere with a committee,
a committee member or a safety, and
health representative in the exercise of
a power or performance of a duty
under this Act;
(b) furnish a committee, a committee
member or a safety and health
representative with false information
in the exercise of a power or
performance of a duty under this Act;
(c) hinder or interfere with a worker
selected by a trade union or trade
unions or a worker selected by the
workers to represent them in the
exercise of a power or performance of
a duty under this Act.

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Information
confidential.
36. (1) Except for the purposes of this Act and the
regulations or as required by law—
(a) an inspector, a person accompanying
an inspector or person who, at the
request of an inspector, makes an
examination, test or inquiry, shall not
publish, disclose or communicate to
any person any information, material
statement, report or result of any
examination, test or inquiry acquired,
furnished, obtained, made or received
under the powers conferred under
this Act or the regulations;
(b) no person shall publish, disclose or
communicate to any person any secret
manufacturing process or trade secret
acquired, furnished, obtained, made
or received under the provisions of
this Act or the regulations;
(c) no person to whom information is
communicated under this Act and the
regulations shall divulge the name of
the informant to any person; and
(d) no person shall disclose any
information obtained in any medical
examination, test or X-ray of a worker
made or taken under this Act except
in a form calculated to prevent the
information from being identified
with a particular person or case.
(2) No employer shall seek to gain access, except
by an order of court or other tribunal or in order to comply
with another Act or in order to employ or continue to employ
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Copies of
reports.

Immunity.
a worker in a food manufacturing establishment, to a health
record concerning a worker without the worker’s written
consent.
(3) An inspector or a person who, at the request of
an inspector, accompanies an inspector, or a person who
makes an examination, test, inquiry or takes samples at the
request of an inspector, is not a compellable witness in a civil
suit or any proceeding, except an inquest under section 71 of
this Act, respecting any information, material, statement or
test acquired, furnished, obtained, made or received under
this Act or the regulations.
(4) The Authority may communicate or allow to be
communicated or disclosed information, material, statements
or the result of a test acquired, furnished, obtained, made or
received under this Act or the regulations.
(5) Subsection (1) shall not apply so as to prevent
any person from providing any information in the possession
of the person, including confidential business information, in
a medical emergency for the purpose of diagnosis or
treatment.
37. The Authority may, upon receipt of a request in
writing from the owner of an industrial establishment who
his entered in an agreement to sell the same and upon
payment of the fee or fees prescribed, furnish to the owner or
a person designated by the owner copies of reports or orders
of an inspector made under this Act in respect of the
workplace as to its compliance with subsection 52(1).
38. No action or other proceeding for damages or
prohibition shall be instituted respecting any act done in good
faith in the execution or intended execution of a person’s
duties under this Act or in the exercise or intended exercise of
a person’s powers under this Act or for any alleged neglect or
default in the execution or performance in good faith of the
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Levy to defray
expenses.
c. 36:01

c. 36:01
person’s duties or powers if the person is—
(a) an inspector, a medical inspector, a
technical examiner or an advisory for
the Authority.
(b) a safety and health representative or a
committee member;
(c) a worker selected by a trade union or
trade unions or by workers to
represent them; or
(d) the Commissioner.
(d) Expenses of Administration
39. (1) The Minister may fix an amount that shall be
levied by the National Insurance Board established under the
National Insurance and Social Security Act against employers
of workers in industrial establishments, to defray the
expenses of the administration of this Act and such amount
not exceed an amount prescribed by the Minister for the fiscal
year in which this Act comes into force and shall be subject to
an increase in each subsequent fiscal year by a sum not
exceeding ten per cent of the amount fixed for the preceding
fiscal year.
(2) The National Insurance Board shall add to the
assessment and levies made under the National Insurance
and Social Security Act upon employers under that Act a sum
calculated as a percentage of the assessments and levies and
which percentage shall be determined as the proportion that
the amount fixed under subsection (1) bears to the total sum
that the National Insurance Board fixes and determines to be
assessed for payment by such employers and the National
Insurance and Social Security Act shall apply to such sum and
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Safety of
buildings,
ways,
machinery and
plant.
to the collection and payment thereof in the same manner as it
applies to an assessment and levy made under that Act.
(3) The National Insurance Board shall collect the
assessment and levy imposed under this section and shall pay
the amounts so collected to the Authority.
(4) Regulations made under section 75(2) (c) (h)
shall prescribe the provisions for giving effect to this section.
PART IV SAFETY AND HEALTH
40. (1) Where it appears to the Authority that any
building or part of a building, or any part of the ways,
machinery or plant, in an industrial establishment is in such a
condition as to be likely to cause risk of bodily injury to, or to
endanger the safety of, persons employed in connection with
the industrial establishment or any class of such persons—
(a) the Authority may serve on the
occupier of the industrial
establishment a notice in writing
requiring him, before a date to be
specified in the notice—
(i) to furnish such drawings,
specifications and other
particulars as may be necessary
to determine whether such
building or part of the building,
or such part of the ways,
machinery or plant as aforesaid
can be used without risk of
bodily injury or danger to
safety as aforesaid;
(ii) to carry out such tests as may
be necessary to determine the
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Prohibition of
employment of
children in
factories.
[22 of 2009]
strength or quality of any
specified parts of the building,
ways, machinery or plant as
aforesaid, and to inform the
Authority of the results of such
tests; or
(b) the Authority may serve the occupier
of the industrial establishment a
notice in writing specifying the
measures which should be adopted to
remove the risk of bodily injury, and
the danger to safety as aforesaid, and
requiring such measures to be carried
out before a date to be specified in the
notice.
(2) Where it appears to the Authority that the use
of any building or part of a building, or any part of the ways,
machinery or plant, in an industrial establishment involves
imminent risk of bodily injury to, or imminent danger to the
safety of, persons employed in connection with the
industrial establishment or any class of such persons, the
Authority may serve on the occupier of the industrial
establishment a notice in writing prohibiting such use as
aforesaid until the building or part of the building, or part of
the ways, machinery or plant, as the case may be, has been
repaired or altered in such a manner to remove such
imminent risk, such imminent danger, as aforesaid.
41. (1) No child shall be employed in any factory or in
the business of a factory outside the factory, or in any
business trade or process ancillary to the business of the
factory.
(2) Where it appears to the Authority that the
presence in any factory or part of the factory, of children who
cannot lawfully be employed therein may be dangerous to
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c. 99:01

Construction
and sale of new
machinery.
them or injurious to their health, the Authority may serve on
the occupier of the factory a notice in writing requiring him to
prohibit and to prevent the admission of such children to the
factory, or part of the factory, as the case may be.
(3) Nothing in this section affects or limits section
3(1) of the Employment of Young Persons and Children Act.
42. (1) In the case of any machine in an industrial
establishment being a machine intended to be driven by
mechanical power—
(a) every set-screw, bolt or key on any
revolving shaft, spindle, wheel or
pinion shall be so sunk, encased or
otherwise effectively guarded by
situation and design as to prevent
danger;
(b) all spur and other toothed or friction
gearing which does not require
frequent adjustment while in motion,
shall be completely encased unless it
is so situated, or is of such design, as
to be as safe as it would be if
completely encased.
(2) Any person who sells, or lets on hire, or as
agent of the seller or hirer causes or procures to be sold or let
on hire for use in an industrial establishment in Guyana any
machine intended to be driven by mechanical power which
does not comply with the requirements of this section shall be
guilty of an offence.
(3) The Minister may make regulations extending
subsection (2) to machinery or plant which does not comply
with such requirements of this Act as may be specified in the
regulations, and any regulations made under this subsection
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Provisions as to
sanitary or
other
arrangements.
may relate to machinery or plant in a specified process.
(4) Nothing in this section shall be construed as
applying to any machine imported into, or constructed in,
Guyana before the commencement of this Act and regulations
made under this section shall not apply to any machinery or
plant imported into, or constructed in, Guyana before the
coming into force of such regulations.
43. (1) In every part of an industrial establishment in
which workers are employed—
(a) suitable and sufficient means of
ventilation shall be provided and
maintained.
(b) suitable and sufficient means of
lighting shall be provided and every
such part of an industrial
establishment shall be kept suitably
and sufficiently lighted.
(2) In every industrial establishment there shall be
provided and maintained at suitable points conveniently
accessible to all workers an adequate supply of wholesome
potable water, and vessels containing the water shall be
clearly marked with the words “Drinking Water”.
(3) Where workers take any meals in the industrial
establishment, there shall be provided and maintained
suitable and sufficient facilities for the taking of those meals.
(4) In every industrial establishment there shall be
provided and maintained for the use of the industrial
establishment suitable and sufficient accommodation for
clothing not worn during working hours with separate
accommodation where male and female workers are
employed.
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(5) In every industrial establishment, not being an
industrial establishment exempted from the provisions of this
subsection, there shall be provided and maintained for the
use of the workers suitable and sufficient sanitary
convenience and suitable and sufficient washing facilities.
(6) An industrial establishment shall be exempted
from the provisions of subsection (5) if there is in force a
certificate granted by the appropriate authority exempting
that industrial establishment therefrom, and any such
certificate shall remain in force until it is withdrawn by the
Authority, but no such certificate shall be granted with
respect to any industrial establishment unless the authority is
satisfied that by reason of restricted accommodation or other
special circumstances affecting the industrial establishment it
is reasonable that such a certificate should be in force with
respect thereto, and that suitable and sufficient sanitary
conveniences or washing facilities as the case may be, are
otherwise conveniently available, and, subject as hereinafter
provided, a certificate in force with respect to any industrial
establishment shall be withdrawn if the Authority at any time
ceases to be so satisfied as aforesaid:
Provided that, if the occupier of an industrial
establishment is aggrieved by the withdrawal of such a
certificate, he may appeal to the magistrate’s court for the
district in which the industrial establishment is situated and
that court may make such order concerning the certificate as
appears to the court, having regard to the matters aforesaid,
to be just and equitable.
(7) If it appears to the appropriate authority that
there has been, in the case of any industrial establishment a
contravention of any of the provisions of this section, the
Authority shall, by notice served on the occupier of the
industrial establishment, require him to take, within such
time as may be limited by the notice such action as may be
specified in the notice for the purpose of securing compliance
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Apportionment
of expenses.
with the said provision, and, if any person served with such a
notice fails to comply with the requirements thereof he shall
be liable on summary conviction to a fine of seven thousand,
five hundred dollars or in the case of a second or subsequent
conviction in respect of the same requirement to a fine of
twelve thousand, five hundred dollars or seven hundred and
fifty dollars for every day since the first conviction in respect
of that requirement, whichever is the greater:
Provided that it shall be a defence to any proceeding
under this subsection to prove that there was no
contravention of this section or that the requirements of any
such notice as aforesaid were, within a reasonable time after
service of the notice, complied with in so far as they were
necessary to secure compliance with this section.
(8) In this section—
“suitable and sufficient” means suitable and sufficient in the
opinion of the appropriate authority, having regard to
the circumstances and conditions affecting an industrial
establishment or any part of an industrial establishment
and
“appropriate authority” means the authority whose duty it is
to enforce this section.
44. If any occupier of an industrial establishment who
has incurred or is about to incur any expense for the purpose
of securing that the requirements of the last foregoing section
are complied with respect to the industrial establishment,
alleges that the whole or any part of the expense ought to be
borne by any other person having an interest in the premises,
he may apply to the magistrate’s court for the district in
which the industrial establishment is situated and that court
may make such order concerning the expense’ or its
apportionment as appears to the court, having regard to all
the circumstances of the case, including the terms of any
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Duties of
employer at
construction
site.

Duties of
employer
generally.
[22 of 2009]
contract between the parties, to be just and equitable, and any
order made under this section may direct that any such
contract as aforesaid shall cease to have effect in so far as it is
inconsistent with the terms of the order.
PART V DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS
45. (1) An employer at a construction site shall ensure
that—
(a) the measures and procedures
prescribed by this Act and the
regulations are carried out on the
construction site;
(b) he and every worker performing
work on the construction site
complies with this Act and the
regulations;
(c) the safety and health of workers on
the construction site is protected
(2) Where so prescribed, an employer at a
construction site shall, before commencing any work on a
construction site, give to the Authority notice in writing of the
construction work containing such information as may be
prescribed.
46. (1) An employer shall ensure that—
(a) the equipment materials and
protective devices and clothing as
prescribed are provided;
(b) the equipment, material and
protective devices and clothing
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provided by the employer are suitable
and adequate and maintained in good
condition;
(c) the measures and procedures
prescribed are carried out in the
workplace;
(d) the equipment, materials and
protective devices and clothing
provided by the employer are used as
prescribed;
(e) a floor, roof, wall, pillar, support or
other part of a workplace is capable of
supporting all loads to which it may
be subjected without causing the
materials therein to be stressed
beyond the allowable unit stresses
established under any Act; and
(f) without prejudice to the provisions of
any Act that governs environmental
protection and pollution control in
Guyana, work in a workplace is
carried out without causing a
discharge of noxious, hazardous, or
polluting matter into air, water, or soil
so far as is reasonably practicable or
except under and in accordance with
any license for the purpose granted
under the authority of any Act.
(2) Without limiting the strict duty imposed by
subsection (l), an employer shall—
(a) provide information, instruction and
supervision to a worker to protect the
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safety and health of the worker;
(b) in a medical emergency for the
purpose of diagnosis or treatment
provide, upon request, information in
the possession of the employer
including confidential business
information, to a legally qualified
medical practitioner and to such other
persons as may be prescribed;
(c) when appointing a supervisor,
appoint a competent person;
(d) acquaint a worker or a person in
authority over a worker of any hazard
in the work and in the handling,
storage, use, disposal and transport of
any article, device, equipment,
chemical, physical agent or biological
agent.
(e) afford assistance and co-operation to
a committee and a safety and health
representative in the carrying out by
the committee and the safety and
health representative of any of their
functions;
(f) & (g) [Repealed by 22 of 2009];
(h) take every precaution reasonable in
the circumstances for the protection
of a worker;
(i) post, in the workplace, a copy of this
Act and any explanatory material
prepared by the Authority outlining
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the rights, responsibilities and duties
of workers;
(j) prepare and review at least annually,
a written occupational safety and
health policy in consultation with the
committee or safety and health
representative, if any, or a worker
selected by the workers to represent
them and develop and maintain a
programme to implement that policy;
(k) post at a conspicuous location in the
workplace a copy of the occupational
safety and health policy;
(l) provide to the committee or to a
safety and health representative the
results of any report respecting
occupational safety and health that is
in the employer’s possession and, if
that report is in writing, a copy of the
portions of the report that concern
occupational safety and health;
(m) advise workers of the results of any
report referred to in paragraph (l)
and, if the report is in writing, make
available to them on request copies of
the portions of the report that concern
occupational safety and health;
(n) after being notified by a female
worker that she is pregnant, adapt the
working conditions of such worker or
ensure that she is not involved in the
use of or exposure to chemicals or
substances or terms or conditions of
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work, which are hazardous to her
health and the health of the unborn
child; where alternative work not
involving the use or exposure or
terms or conditions as aforesaid is
available such work shall be assigned
to such worker during pregnancy
with the right of such worker to
return to her previous work after the
birth of her child;
(o) provide and maintain a safe, sound,
healthy and secure working
environment as far as is reasonably
practicable;
(p) ensure that the work-place,
machinery, equipment and processes
under his control are safe and without
risk to safety and health as far as is
reasonably practicable; and
(q) ensure that, as far as is reasonably
practicable, the chemicals, physical
agents and biological agents shall
under his control are without risk to
safety and health when the
appropriate measures of protection
are taken.
(3) For the purposes of subsection (2)(c), an
employer may appoint himself as a supervisor where the
employer is a competent person.
(4) Subsection (2) (j) does not apply with respect to
a workplace at which five or fewer workers are employed.

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Additional
duties of
employers.
47. (1) In addition to the duties imposed by section 46,
an employer shall—
(a) establish an occupational health
service for workers as prescribed;
(b) where an occupational health service
is established as prescribed, maintain
the same according to the standards
prescribed;
(c) keep and maintain accurate records of
the handling storage, use and disposal
of chemicals, physical agents or
biological agents as prescribed;
(d) accurately keep and maintain and
make available to the worker affected
such records of the exposure of a
worker to chemicals, physical agents
or biological agents as may be
prescribed;
(e) notify the Authority of the use or
introduction into a workplace of such
chemicals, physical agents or
biological agents as may be
prescribed;
(f) monitor at such time or times or at
such interval or intervals the levels of
chemicals, physical agents or
biological agents in a workplace and
keep and post accurate records
thereof as prescribed;
(g) comply with any standard limiting
the exposure of a worker to chemicals,
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physical agents or biological agents as
prescribed;
(h) establish a medical surveillance
program for the benefit of workers as
prescribed;
(i) provide for safety-related medical
examinations and tests for workers as
prescribed;
(j) where so prescribed, only permit a
worker to work or be in a workplace
who has undergone such medical
examinations, tests or X-rays as
prescribed and who is found to be
physically fit to do the work in the
workplace;
(k) where so prescribed, provide a
worker with written instructions as to
the measures and procedures to be
taken for the protection of the worker;
(l) carry out such training programmes
for workers, supervisors and
committee members as may be
prescribed;
(m) adopt provisions to protect the
privacy of workers and ensure that
health surveillance is not used for
discriminatory purposes or in any
manner prejudicial to their interests,
where a prescribed occupational
health service is established under
subsection (1)(a), prescribed safety-
related medical examinations and
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tests are provided under subsection
(1)(i), and only workers who have
undergone prescribed medical
examinations and tests are permitted
to work under subsection (1) (j); and
(n) keep, maintain, and make available to
workers in the workplace, in a
location that is readily accessible, a
medicine chest with contents as
prescribed, and shall ensure that first
aid, including trained personnel, is
available at the workplace.
(2) For the purposes of subsection (1) (a), a group
of employers, with the approval of the Authority, may act as
an employer.
(3) If a worker participates in a prescribed medical
surveillance programme or undergoes prescribed medical
examinations or tests, his or her employer shall pay—
(a) the worker’s costs for medical
examinations or tests required by the
medical surveillance programme or
required by regulation;
(b) the worker’s reasonable travel costs
respecting the examinations or tests;
and
(c) the time the worker spends to
undergo the examinations or tests,
including travel time, which shall be
deemed to be work time for which the
worker shall be paid at his premium
rate as may be proper.

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(4) In addition to providing information and
instruction to a worker as required by section 46(2) (a), an
employer shall provide—
(a) to every worker, training on the safe
and healthy manner of carrying out
his work; and
(b) subject to subsection (6), to every
committee member who represents
workers, if any, or a safety and health
representative, if any, training on this
Act and the regulations that apply to
the work.
(5) In relation to the training that a worker, a
committee member who represents workers, if any, or a
safety and health representative, if any, receives under
subsection (4), his employer shall pay for the worker’s
committee member’s or representative’s—
(a) costs for the training;
(b) reasonable travel to the location
where the training is provided; and
(c) time spent to undergo the training
which shall be deemed to be work
time which the worker, committee
member or representative shall be
paid at his or her premium rate as
may be proper.
(6) If a trade union exists at the workplace, the
employer shall involve the trade union in the provision of the
training required by subsection (4)(b).

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Duties of
Supervisors.

Duties of
workers.
48. (1) A supervisor shall ensure that a worker—
(a) works in the manner and with the
protective devices and clothing,
measures and procedures required by
this Act and the regulations; and
(b) uses or wears the equipment,
protective devices and clothing that
the worker’s employer requires to be
used or worn.
(2) Without limiting the duty imposed by
subsection (1), a supervisor shall—
(a) advise a worker of the existence of
any potential or actual danger to the
safety or health of the worker of
which the supervisor is aware;
(b) where so prescribed, provide a
worker with written instructions as to
the measures and procedures to be
taken for protection of the worker;
and
(c) take every precaution reasonable in
the circumstances for the protection of
a worker.
49. (1) A worker shall—
(a) work in compliance with the
provisions of this Act and the
regulations;
(b) use or wear the equipment, protective
devices and clothing that the worker’s
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employer requires to be used or worn;
(c) report to his or her employer or
supervisor the absence of or defect in
any equipment or, protective device
and clothing of which the worker is
aware and which may endanger
himself, or another worker;
(d) report to his or employer or
supervisor any contravention of this
Act or the regulations or the existence
of any hazard of which he or she
knows; and
(e) take care of the personal protective
equipment, devices and clothing the
worker’s employer provides.
(2) No worker shall—
(a) remove or make ineffective any
protective device required by his or
her employer, without providing an
adequate temporary protective device
and when the need for removing or
making ineffective the protective
device has ceased, the protective
device shall be replaced immediately;
(b) use or operate any equipment,
machine, device or article or work in a
manner that may endanger himself, or
any other worker; or
(c) engage in any prank, contest, feat of
strength, unnecessary running or
rough and boisterous conduct.
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Duties of
occupiers
generally.

Duties of
occupier to
protect safety
and health of
public.
(3) A worker is not required to participate in a
prescribed medical surveillance programme unless the
worker consents to do so.
(4) No worker shall be required to use equipment
or machinery without any protective device required by the
regulations or by his or her employer being in position.
50. (1) Except as otherwise expressly provided, it shall
be the duty of every occupier of an industrial establishment to
ensure that Part IV and such other provisions of this Act or
such regulations as impose duties on him, arc complied with.
(2) An occupier shall, upon the direction of the
Authority, prepare, or revise a written statement of his
general policy with respect to the safety and health of persons
employed in the industrial establishment, specifying the
organisation and arrangements for the time being in force for
carrying out that policy and the provisions specified in
subsection (1), and the occupier shall submit the statement
and any revision thereof to the Authority and bring them to
the notice of all persons employed in the industrial
establishment.
(3) The Authority may, having regard to the
statement submitted under subsection (2), direct the occupier
to appoint at his own expense, a safety officer who shall be
responsible for ensuring that the policy and the provisions
specified in subsection (1) are complied with.
51. (1) The occupier of every industrial establishment
shall be under a duty to take steps to protect the safety and
health of the public in the vicinity of his industrial
establishment from dangers created by the operation or
processes carried on therein, and shall take special care to
ensure that plant and equipment used therein are of such
integrity and that such adequate safety systems exist as to
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Duties of
owners.
prevent the occurrence of hazardous emissions.
(2)Where the Authority is of the view that the steps
taken under subsection (1) are inadequate, it may issue
directions in writing to the occupier specifying the measure to
be taken in an industrial establishment or in its vicinity to
prevent injury to the public and the period within which
those measures are to be taken.

(3) Directions under subsection (2) may include a
requirement —
(a) to obtain and implement advice from
specialists or expert consultants;
(b) to implement measures to abate
nuisances arising from the operations
carried on in industrial
establishments; or
(c) to implement measures to prevent the
occurrence of hazardous emissions.
(4) An occupier who fails to comply with
directions issued under subsection (2) commits an offence.
52. (1) The owner of an industrial establishment that
is not a construction site shall –
(a) ensure that—
(i) such health and safety facilities
as are prescribed are provided;
(ii) any such facilities prescribed to
be provided are maintained as
prescribed;
(iii) the industrial establishment
complies with the regulations;
and
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(iv) no industrial establishment is
constructed, developed,
reconstructed, altered or added
to except in compliance with
this Act and the regulations;
and
(b) furnish to the Authority such
drawings, plans or specifications of
any industrial establishment on such
scale and showing such matters or
things as may be prescribed.
(2) An owner or employer shall—
(a) not begin any construction,
development, reconstruction,
alteration, addition or installation to
or in an industrial establishment until
the drawings, layout and
specifications as are referred to in
subsection (1)(b) and any alterations
thereto have been filed with the
Authority for review by a technical
examiner of the Authority for
compliance with this Act and the
regulations; and
(b) keep a copy of the drawings as
reviewed in a convenient location at
or near the industrial establishment
and such drawings shall be produced
by the owner or employer upon the
request of an inspector for his or her
examination and inspection.
(3) A technical examiner may require the
drawings, layout and specifications to be supplemented by
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Duty of owners
of construction
sites.
the owner or employer with additional information.
(4) Fees as prescribed for the filing and review of
drawings, layout or specifications shall become due and
payable by the owner or employer upon filing.
53. (1) Before beginning construction work, the owner
shall determine whether any critical substances are present at
the construction site and shall prepare a list of all critical
substances that are present at the site.
(2) If any work on a construction site is tendered,
the person issuing the tenders shall include, as part of the
tendering information, a copy of the list referred to in
subsection (l).
(3) An owner shall ensure that a prospective
employer at a construction site on the owner’s property has
received a copy of the list referred to in subsection (1) before
entering into a binding contract with the employer.
(4) The employer at a construction site shall ensure
that each prospective contractor and subcontractor for the
construction work has received a copy of the referred to in
subsection (1) before the prospective contractor or
subcontractor enters into a binding contract for the supply of
work on the construction site.
(5) An owner who fails to comply with this section
is liable to employer at a construction site and every
contractor and subcontractor who suffers any loss or damages
as the result of the subsequent discovery on the construction
site of a critical substance that the owner ought reasonably to
have known of but that was not on the list prepared under
subsection (1).
(6) An employer at a construction site who fails to
comply with this section is liable to every contractor and
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Duties of
supplier.

Duties of
directors and
officers of a
body corporate.

subcontractor who suffers any loss or damages as the result of
the subsequent discovery on the construction site of a critical
substance that was not on the list prepared under subsection
(1).
54. (1) Every person who supplies any machine,
device, tool or equipment under any rental, leasing or similar
arrangement for use in or about a workplace shall ensure—
(a) that the machine, device, tool or
equipment is in good condition;
(b) that the machine, device, tool or
equipment complies with this Act and
the regulations; and
(c) if it is the person’s responsibility
under the rental, leasing or similar
arrangement to do so, that the
machine, device, tool or equipment is
maintained in good condition.
(2) An architect and an engineer contravenes this
Act if, as a result of his certification required under this Act or
any other Act that is made negligently or incompetently, a
worker is endangered.
55. Every director, manager, secretary or other officer
of a body corporate shall take all reasonable care to ensure
that the body corporate complies with—
(a) this Act and the regulations;
(b) orders and requirements of an
inspector, a medical inspector, a
technical examiner the Commissioner
and the Authority; and

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Refusal to
work.
(c) orders of the Minister.
56. (1) A worker may refuse to work or do particular
work where he has reasonable justification to believe that –
(a) any equipment, machine, device or
article the worker is to use or operate
presents an imminent and serious
danger to the life or health of himself,
or another worker; or
(b) the physical condition of the
workplace or the part thereof in
which he works or is to work presents
an imminent and serious danger to
his life or health.
(2) The provisions in this section shall not apply to
a worker—
(a) who belongs to any of the categories
of persons specified for such purpose
in an order of the Minister; and
(b) when that worker’s refusal to work
would directly endanger the life,
safety or health of another person.
(3) The categories of persons to which subsection
(2)(a) refers may be—
(a) a person employed in, or a member of
the police force or the fire service;
(b) a person employed in the operation of
a correctional institution or facility;
(c) a person employed in the operation
of—

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c. 54:01
(i) a hospital, sanatorium, nursing
home, home for the aged,
psychiatric institution, mental
health or mental retardation
centre or a rehabilitation
facility;
(ii) an ambulance service or a first
aid clinic or station;
(iii) a laundry, food service, power
plant or technical service or
facility used in conjunction
with an institution, facility or
service described in paragraph
(c) (i) and (ii);
(d) a person who is employed in any of
the services mentioned in the
Schedule to the Public Utility
Undertakings and Public Health
Services Arbitration Act, but who is
not specified in subsection (3)(a) to
(c) inclusive.
(4) Upon refusing to work or do particular work,
the worker shall forthwith report the circumstances of the
refusal to the worker’s employer or supervisor who shall
forthwith investigate the report in the presence of the worker
and, if there is such, in the presence of one of—
(a) a committee member who represents
workers, if any;
(b) a safety and health representative, if
any; or
(c) a worker who because of knowledge,
experience and training is selected by
a trade union that represents the
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worker, or if there is no trade union, is
selected by the workers to represent
them,
who shall be made available and who shall attend without
delay.
(5) Until the investigation is completed, the worker
shall remain in a safe place near his or her work station.
(6) The worker who refuses to work under
subsection (1) shall be deemed to be at work and the worker’s
employer shall pay him at the regular or premium rate, as
may be proper, for the time extending from the time when the
worker started to refuse to work under subsection (1) to the
time when the investigation mentioned in subsection (5) is
completed.
(7) Where, following the investigation or any
remedial action taken by the employer or supervisor to deal
with the circumstances that caused the worker to refuse to
work or do particular work, the worker has reasonable
justification to believe that—
(a) the equipment, machine, device or
article that was the cause of the
refusal to work or do particular work
continues to present an imminent and
serious danger to the life or health of
himself or another worker; or
(b) the physical condition of the
workplace or the part thereof in
which he worked continues to present
an imminent and serious danger to
the life or health of himself,
the worker may refuse to work or do the particular work and
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the employer or the worker or a person on behalf of the
employer or worker shall cause an inspector to be notified
thereof.
(8) An inspector shall investigate the refusal to
work in the presence of the employer or a person representing
the employer, the worker, and the person mentioned in
subsection (4) (a), (b) or (c); if any
(9) The inspector shall, following the investigation
referred to subsection (8), decide whether the machine,
device, article or the workplace or part thereof presents an
imminent and serious danger to the life or health of the
worker or another person.
(10) The inspector shall within two working days
of notification to him under subsection (7), give his decision,
in writing, to the employer, the worker, and the person
mentioned in subsection (4) (a), (b) or (c), if any.
(11) Pending the investigation and decision of the
inspector, employer, subject to the provisions of a collective
agreement, if any shall—
(a) assign the worker reasonable
alternative work during such hours;
or
(b) subject to section 58, where an
assignment of reasonable alternative
work is not practicable, give other
directions to the worker.
(12) Pending the investigation and decision of the
inspector, no worker shall be assigned to use or operate the
equipment, machine, device or article or to work in the
workplace or in the part of the workplace being investigated
as long as there is continuing imminent and serious danger to
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Complaint
regarding
refusal to work.
the life or health of any worker or person and until after the
employer or supervisor has taken remedial action, if
necessary, to deal with the circumstances that caused the
worker to refuse to do particular work.
(13) The worker who refuses to work under
subsection (7) shall be deemed to be at work and the worker’s
employer shall pay him at the regular or premium rate, as
may be proper, for the time extending from the time when the
worker started to refuse to work under subsection (7) to the
time when the inspector has given a decision under
subsection (9) provided that the inspector decides that the
machine, device, article or workplace or part thereof presents
in imminent and serious danger to the life or health of the
worker or another person.
(14) A person mentioned in subsection (4) (a), (b)
or (c), shall be deemed to be at work and the person’s
employer shall pay him at the regular or premium rate, as
may be proper for the time spent by the person carrying out
the duties under subsections (4) and (8).
57. (1) An employer, a worker at the workplace or a
representative of a trade union that represents workers at
the workplace may file a complaint with the Authority if he
has reasonable grounds to believe that the worker, trade
union or employer at the workplace acted recklessly or in a
bad faith with respect to the refusal to work under section 56.
(2) A complaint must be filed not later than seven
days after the event to which the complaint relates.
(3) Every complaint filed with the Authority shall
be referred to the Commissioner for determination.
(4) The Commissioner shall within two working
days of any reference to him under subsection (3), make a
decision respecting the complaint and may make such order
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No discipline,
dismissal, etc.,
by employer.
as he considers appropriate in the circumstances.
58. (1) No employer or person acting on behalf of an
employer shall—
(a) dismiss or threaten to dismiss a
worker;
(b) discipline or suspend or threaten to
discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
because the worker has acted in compliance with this Act or
the regulations or an order made thereunder, or has sought
the enforcement of this Act or the regulations or has
observed the procedures established by the employer or has
given evidence in a proceeding in respect of the enforcement
of this Act or the regulations or in an inquest under section
71.
(2) Where a worker complains that an employer or
person acting on behalf of an employer has contravened
subsection (1), the worker may either have the matter dealt
with by final and binding settlement, by arbitration under a
collective agreement, if any, or file a complaint with the
Authority, where a complaint is filed with the Authority, the
Authority shall direct that the complaint be determined on its
behalf by the Commissioner.
(3) The Commissioner directed under subsection
(2) shall inquire into any complaint filed under subsection (2).
(4) On an inquiry into a complaint filed under
subsection (2), the Commissioner shall, notwithstanding
section 21(2) give such directions and issue such orders as he
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Orders of
Authority.
considers proper or necessary concerning the procedures to
be adopted or followed.
(5) On an inquiry by the Commissioner into a
complaint filed under subsection (2), the burden of proof that
an employer or person acting on behalf of an employer did
not act contrary to subsection (1) lies upon the employer or
the person acting on behalf of the employer.
PART VI HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND
BIOLOGICAL AGENTS
59. (1) Where a chemical, physical agent or biological
agent or a combination of such chemical and agents is used or
intended to be used in the workplace and its presence in the
workplace or the manner of its use is in the opinion of the
Authority likely to endanger the health of a worker, the
Authority shall by notice in writing to the employer order
that the use, intended use, presence or manner of use be—
(a) prohibited;
(b) limited or restricted in such manner
as the Authority specifies; or
(c) subject to such conditions regarding
administrative control, work
practices, engineering control and
time limits for compliance as the
Authority specifies.
(2) Where the Authority makes an order to an
employer under subsection (1), the order shall—
(a) identify the chemical, physical agent
or biological agent, or a combination
of such a chemical and agents, and the
manner of use that is the subject
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matter of the order; and
(b) state the opinion of the Authority as
to the likelihood of the danger to the
health of a worker, and the
Authority’s reasons in respect thereof,
including the matters or causes which
give rise to the Authority’s opinion.
(3) The employer shall provide a copy of an order
made under subsection (1) to the committee, safety and health
representative and trade union, if any, and shall cause a copy
of the order to be posted in a conspicuous place in the
workplace where it is most likely to come to the attention of
the workers who may be affected by the use, presence or
intended use of the chemical, physical agent or biological
agent or a combination of such a chemical and agent.
(4) Where the employer, a worker or a trade union
considers that he or it is aggrieved by an order made under
subsection (1), the employer, worker or trade union may by
notice in writing given within seven days of the making of the
order, appeal to the Minister.
(5) On an appeal under subsection (4), the Minister
or, the Commissioner who has been directed under
subsection (6) to determine the appeal, may suspend the
operation of the order appealed from pending the disposition
of the appeal.
(6) The Minister may, having regard to the
circumstances determine the appeal within thirty days of
notice of such appeal or direct that the appeal be determined
on his behalf by the Commissioner within the said period.
(7) The Minister or, where the Commissioner has
been directed under subsection (6), the Commissioner so
directed, may notwithstanding section 21(2) give such
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directions and issue such orders as he considers proper or
necessary concerning the procedures to be adopted or
followed.
(8) On an appeal, the Minister or, where the
Commissioner has been directed under subsection (6), the
Commissioner so directed, may substitute his findings for
those of the Authority and may rescind or affirm the order
appealed from or make a new order in substitution therefor
and such order shall stand in the place of and have the like
effect under this Act and the regulations as the order of the
Authority, and such order shall be final and not subject to
appeal under this section.
(9) In making a decision or order under subsection
(1) or (8), the Authority, the Minister or, where the
Commissioner has been directed under subsection (6), the
Commissioner so directed shall consider as relevant factors—
(a) the relation of the chemical or agent,
combination of chemicals and agents
or by-product to a chemical or a
biological agent that is known to be a
danger to health;
(b) the quantities of the chemical or
agent, combination of chemicals and
agents or by-product used or
intended to be used or present;
(c) the extent of exposure;
(d) the availability of other processes,
chemicals and agents or equipment
for use or intended use;
(e) data regarding the effect of the
process or chemicals or agent on
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New chemicals
or biological
agents.
health; and
(f) any criteria or guide with respect to
the exposure of a worker to a
chemical, physical agent or biological
agent or a combination of such a
chemical and agents that are adopted
by a regulation.
(10) This section does not apply to critical
substances.
(11) The Authority is not required to hold or afford
to an employer or any other person an opportunity for a
hearing before making an order under subsection (1).
60. (1) Except for purposes of research and
development, no person shall –
(a) manufacture;
(b) distribute; or
(c) supply,
for commercial or industrial use in a workplace any new
chemical or new biological agent unless the person first
submits to the Authority notice in writing; of the person’s
intention to manufacture, distribute or supply such a new
chemical or agent and the notice shall include the ingredients
of such a new chemical or agent and their common or generic
name or names and the composition and properties thereof
.
(2) Where in the opinion of the Authority, which
opinion shall be made promptly, the introduction of the new
chemical or new biological agent referred to in subsection (1)
may endanger the safety or health of the workers in a
workplace, the Authority shall require the manufacture,
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Hazardous
materials
inventory.

distributor or supplier, as the case may be, to provide, at the
expense of the manufacturer, distributor or supplier, a report
or assessment, made or to be made by a person possessing
such special, expert or professional knowledge or
qualifications as are specified by the Authority, of the new
chemical or agent intended to be manufactured, distributed
or supplied and the manner of use including the matters
referred to in section 13 (1)(r)(i) to (vii).
(3) For the purpose of this section, a chemical or
biological agent is not considered to be new if, before a person
manufactures, distributes or supplies the chemical or agent in
Guyana, it was used in a workplace other than the person’s
workplace’s in Guyana or it is included in an inventory
compiled or adopted by the Authority.
61. (1) An employer shall make or cause to be made
and shall maintain an inventory of hazardous chemicals and
all hazardous physical agents that are present in the
workplace.
(2) The inventory required by subsection (1)—
(a) shall contain such information as may
be prescribed, and in addition shall
include—
(i) toxic properties, including both
acute and chronic health effects
in all parts of the body;
(ii) chemical or physical
characteristics, including
flammable, explosive, oxidizing
and dangerously reactive
properties;
(iii) corrosive and irritant
properties;
(iv) allergenic and sensitizing
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effects;
(v) carcinogenic effects;
(vi) teratogenic and mutagenic
effects;
(vii) effects on the reproductive
system;
(b) shall be prepared in consultation with
the committee or safety and health
representative, if any, for the
workplace or with a worker selected
by the workers to represent them, if
there is no committee or safety and
health representative.
(3) Where an inventory required by subsection (1)
is amended during a year, the employer, not later than the 1st
day of February in the following year, shall prepare a revised
version of the inventory incorporating all changes made
during the preceding year.
(4) Where, under this Act or the regulations, an
employer is required to identify or obtain the identity of the
ingredients of a hazardous chemical, the employer shall not
be in contravention of this Act or the regulations if the
employer has made every effort reasonable in the
circumstances to identify or obtain the identity of the
ingredients, but has been unable to do so due to circumstance
beyond his control.
(5) An employer shall advise the Authority in
writing if, after making reasonable efforts, the employer is
unable to identify or obtain the identity of the ingredients of a
hazardous chemical as required by this Act or the regulations.
(6) Except as may be prescribed, subsection (1)
does not apply to an employer who undertakes to perform
work or supply services on a construction site in respect of
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Hazardous
chemical
identification
and data
sheets.
chemicals to be used on the site.
(7) The employer shall keep readily accessible at
the workplace a floor plan, as prescribed, showing the names
of all hazardous chemicals and their locations, and shall post
a notice stating where the floor plan is kept in a place or
places where it is most likely to come to the attention of
workers.
62. (1) An employer—
(a) shall ensure that all hazardous
chemicals present in the workplace
are labelled in a way easily
understandable to the workers, or are
identified in the prescribed manner,
(b) shall obtain or prepare, as may be
prescribed, an unexpired chemical
safety data sheet for all hazardous
chemicals present in the workplace;
(c) shall ensure that the identification
required by paragraph (a) and
chemical safety data sheets required
by paragraph (b) are available in
English and such other languages as
may be prescribed;
(d) shall ensure that when hazardous
chemicals are transferred into other
containers or equipment, the contents
are indicated in a manner which will
make known to workers their
identity, any hazards associated with
their use, and any safety precautions
to be observed; and

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Inventory and
chemical safety
data sheets to
be made
available.
(e) shall ensure that information is
provided on the handling and
disposal of hazardous chemicals
which are no longer required and
containers which have been emptied
but which may contain residues of
hazardous chemicals, so that the risk
to safety and health and to the
environment is eliminated or
minimised.
(2) No person shall remove or deface the label or
identification described in subsection (1) (a) for a hazardous
chemical.
(3) An employer shall ensure that a hazardous
chemical is not used, handled or stored at a workplace unless
the prescribed requirements concerning identification,
chemical safety data sheets and worker instruction and
training are met.
(4) An employer shall advise the Authority in
writing if the employer, after making reasonable efforts, is
unable to obtain a label or chemical safety data sheet required
by subsection (1).
(5) A chemical safety data sheet expires three years
after the date of its publication.
63. (1) A copy of the most recent version of the
inventory and of every unexpired chemical safety data sheet
required by this Part in respect of hazardous chemicals in a
workplace shall be—
(a) made available by the employer in the
workplace in such a manner as to
allow examination by the workers;
(b) furnished by the employer to the
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committee or safety and health
representative, if any, for the
workplace or to a worker selected by
the workers to represent them if there
is no committee or safety and health
representative;
(c) furnished by the employer on request,
if so prescribed, to the medical
inspector of the, district in which the
workplace is located;
(d) furnished by the employer on request,
if so prescribed, to the fire department
which serves the location in which the
workplace is located; and
(e) filed by the employer with the
Authority on request, if so prescribed.
(2) The Authority, at the request of any person,
shall request an employer to furnish a copy of the most recent
version of the inventory or of an unexpired chemical safety
data sheet, as the case may be.
(3) At the request of any person, the Authority
shall make available to the person for inspection a copy of any
inventory or chemical safety data sheet requested by the
person and in the possession of the Authority.
(4) The Authority shall not disclose the name of
any person who makes a request under subsection (2) or (3).
(5) In addition to the requirements imposed under
subsection (1), a copy of every chemical safety data sheet
required by subsection (1) shall be made available by the
employer in the workplace in such a manner that it is readily
accessible by all workers who may be exposed to the
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\
Assessment for
hazardous
chemical.
hazardous chemical to which it relates.
(6) An employer who makes a chemical safety data
sheet readily accessible on a computer terminal at a
workplace—
(a) shall take all reasonable steps
necessary to keep the terminal in
working order;
(b) shall give a worker upon request a
copy of the chemical safety data sheet;
and
(c) shall teach all workers who work with
or in proximity to hazardous
chemicals, the safety and health
representative, if any, at the
workplace and the members of the
committee how to receive the
chemical safety data sheet on the
computer terminal.
64. (1) Where so prescribed, an employer shall assess
all chemicals and biological agents produced in the workplace
for use therein to determine if they are hazardous.
(2) The assessment required by subsection (1) shall
be in writing and a copy of it shall be—
(a) made available by the employer in the
workplace in such a manner as to
allow examination by the workers;
(b) furnished by the employer to the
committee or safety and health
representative, if any, for the
workplace or to a worker selected by
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Hazardous
physical
agents.
the workers to represent them, if there
is no committee or safety and health
representative.
65. (1) A person who distributes or supplies, directly
or indirectly, or manufactures, produces or designs an article
for use in a workplace that causes, emits or produces a
hazardous physical agent when the article is in use or
operation shall ensure that such information as may be
prescribed is readily available respecting the hazardous
physical agent and the proper use or operation of the article.
(2) Where an employer has an article described in
subsection (1) in the workplace, the employer shall ensure
that the information referred to in that subsection has been
obtained and is—
(a) made available in the workplace for
workers who use or operate the article
or who are likely to be exposed to the
hazardous physical agent; and
(b) furnished by the employer to the
committee or safety and health
representative, if any, for the
workplace or a worker selected by the
workers to represent them, if there is
no committee or safety and health
representative.
(3) An employer to whom subsection (2) applies
shall post prominent notices identifying and warning of the
hazardous physical agent in the part of the workplace in
which the article is used or operated or is to be used or
operated.
(4) Notices required by subsection (3) shall contain
such information as may be prescribed and shall be in English
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Instruction and
training.

Confidential
business
information.
and such other language or languages as may be prescribed.
66. (1) In addition to providing information and
instruction to a worker as required by section 46(2)(a), an
employer shall ensure that a worker exposed or likely to be
exposed to a hazardous chemical or to a hazardous physical
agent receives, and that the worker participates in, such
instruction and training as may be prescribed.
(2) The instruction and training to be given under
subsection (1) shall be developed and implemented by the
employer in consultation with the committee or safety and
health representative, if any, for the workplace.
(3) An employer shall review, in consultation with
committee or safety and health representative, if any, for the
workplace, the training and instruction provided to a worker
and the worker’s familiarity therewith at least annually.
(4) The review described in subsection (3) shall be
held more frequently than annually, if—
(a) the employer, on the advice of the
committee or safety and health
representative, if any, for the
workplace, determines that such
reviews are necessary; or
(b) there is a change in circumstances that
may affect the safety or health
worker.
67. (1) An employer may file a claim with the Minister
for an exemption from disclosing—
(a) information required under this Part
in an inventory, label or chemical
safety data sheet; or
(b) the name of a toxicological study used
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Interpretation.
by the employer to prepare a chemical
safety data sheet,
on the grounds that it is confidential business information
and that disclosure of such information to a competitor would
be liable to cause harm to an employer’s business, so long as
the safety and health of workers are not compromised
thereby.
(2) An application under subsection (1) shall be
made only in respect of such types of confidential business
information as may be prescribed.
(3) Any worker of the employer or any union
representing the workers of the employer may file with the
Minister a rebuttal to the claim made by the employer under
subsection (1).
(4) The Minister shall make a determination or
direct the Commissioner to make a determination on his
behalf, on every claim made under subsection (1) and on
every rebuttal made under subsection (3).
(5) Information that an employer considers to be
confidential business information is exempt from disclosure
from the time a claim is filed under subsection (1) until the
claim is finally determined and for three years thereafter, if
the claim is found to be valid.
PART VII NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL
DISEASES
68. In this Part—
“employer” includes anybody of persons corporate or
incorporate and the legal personal representative of a
deceased employer, and, where the services of a worker
are temporarily lent or let on hire to another person by
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Notification of
accidents.
First Schedule.
the person with whom. the worker has entered into a
contract of service or apprenticeship, the latter shall, for
the purposes of this Act be deemed to continue to be the
employer of the worker whilst he is working for that
other person. In relation to a person plying for hire with
any vehicle or vessel the use of which is obtained by that
person under a contract of bailment (other that higher-
purchase agreement), the person from whom the use of
the vessel or vehicle is so obtained shall, for the purposes
of this Act, be deemed to be the employer; and in
relation to a person employed for the purpose of any gain
or recreation and engaged or paid through a club, the
manager or members of the managing committee of the
club, shall for the purposes of this Act, be deemed to be
the employer.
69. (1) Where any accident arising out of and in the
course of the employment of any worker occurs and—
(a) causes loss of life to such worker; or
(b) disables such worker, for more than
one day, from earning full wages at
the work at which he was employed
at the time of such accident,
written notice of the accident in the Form and accompanied
by the particulars set out in the First Schedule, shall forthwith
in the case of paragraph (a) and within four days in the case
of paragraph (b), be sent by the employer to the Authority
and the committee, safety and health representative or trade
union, if any.
(2) Where any accident causing disablement has
been notified under this section, and after such notification
the accident results in the death of the person disabled, notice
in writing of the death shall forthwith be sent by the
employer to the Authority and the committee, safety and
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Second
Schedule.
health representative or trade union, if any, as soon as the fact
of the death comes to the knowledge of the employer.
(3) Where an accident causing disablement has
been notified under this section and the said disablement has
ceased, notice in writing of the date when the disablement
ceased shall be sent by the employer to the Authority and the
committee, safety and health representative or trade union if
any within two weeks from that date, in the Form and
accompanied by the particulars set out in the Second
Schedule.
(4) Any employer who fails to comply with the
requirements of subsection (1), (2) or (3) shall be liable on
summary conviction to a fine of not less than ten thousand
dollars nor more than fifty thousand dollars and to
imprisonment for three months.
(5) Where any accident to which this section
applies occurs to a worker whose services are for the time
being temporarily lent or let on hire to another person by the
employer, such other person shall, if he fails to report the
accident to the employer immediately, be guilty of an offence,
and the employer shall not be liable under the provisions of
subsection (4) unless it is established that he knew of the
accident.
(6) Where a person loses his life or is disabled
under subsection (1), no person shall, except for the purpose
of—
(a) saving life or relieving human
suffering;
(b) maintaining an essential public utility
service or a public transportation
system; or

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Notification of
occupational
diseases and
other diseases.

Third Schedule.
(c) preventing unnecessary damage to
equipment or other property,
interfere with, disturb, destroy, alter or carry away any
wreckage or article at the scene or connected with the
occurrence which gave rise to loss of life or disablement until
permission so to do has been given by an inspector.
(7) A register of all accidents to which this section
applies shall be kept by the employer in the form prescribed
by regulations made under this Act.
70. (1) Every qualified medical practitioner attending
on or called in to visit a patient whom he believes to be
suffering from occupational disease contracted in the course
of his employment as a worker shall, unless such a notice has
been previously sent, forthwith sent, addressed to the
Authority a notice stating the name and full postal address of
the patient and the disease from which, in the opinion of
such medical practitioner, the patient is suffering and the
name and address of the place at which, and of the employer
by whom, he is or was last employed.
(2) If any qualified medical practitioner fails to
send any notice in accordance with the requirements of this
section, he shall be liable on summary conviction to a fine of
not less than ten thousand dollars nor more than thirty
thousand dollars.
(3) Any employer who believe or suspects, or has
reasonable grounds for believing or suspecting that a case of
occupational disease has occurred among the workers
employed by him, shall forthwith send written notice of such
case, in the form, and accompanied by the particulars set out
in the Third Schedule, to the Authority and to the committee,
safety and health representative or trade union, if and to the
Local Sanitary Authority of, and, in the case of workers
employed in industrial establishments, to the medical
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Inquest in case
of death by
accident or
occupational
disease.
inspector for the area within which the place of employment
of such workers is situated, and the provisions of this Act
with respect to the notification of accidents shall apply to any
such case in like manner as to any such accident as is
mentioned in these provisions.
(4) If an employer is advised by or on behalf of a
worker that a claim in respect of a “prescribed disease” as
defined in the Third Schedule of the National Insurance and
Social Security Act has been filed with the National Insurance
Board by or on behalf of the worker, the employer shall give
notice in writing within four days of being so advised, to the
Authority and to the committee, safety and health
representative or trade union, if any, containing such
information and particulars as are prescribed.
(5) The Minister may, as respects any class or
description of place where workers are employed, by
regulations made under this Act apply this section to any
disease, other than an occupational disease.
71. (1) Where a coroner holds an inquest on the body
of any person whose death may have been caused by an
accident or a disease of which notice is required by this Act
to be given, the coroner shall adjourn the inquest unless the
Authority or some person authorised on behalf of the
Authority is present to watch the proceedings, and shall, at
least four days before holding the adjourned inquest, send to
the Authority notice in writing of the time and place of
holding the adjourned inquest:
Provided that—
(a) the coroner, before the adjournment,
may take evidence to identify the
body, and may order the interment
thereof; and

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(b) if the inquest relates to the death of
not more than one person and the
coroner has sent to the Authority
notice of the time and place of holding
the inquest at such time as to reach
the Authority not less than twenty-
four hours before the time of holding
the inquest, it shall not be imperative
on him to adjourn the inquest in
pursuance of this section if the
majority of the jury think it is
unnecessary so to adjourn.
(2) The following provisions shall have effect with
respect to any such inquest as aforesaid—
(a) no person having a personal interest
in or employed in or about or in the
management of the place of
employment in or about which the
accident or disease occurred or was
contracted shall be qualified to serve
on the jury empanelled on the
inquest; it shall be the duty of the
coroner or other officer not to
summon any person disqualified
under this provision, and it shall be
the duty of the coroner not to allow
any such person to be sworn or to sit
on the jury;
(b) the following persons shall, subject to
the power of the coroner to disallow
any question which in his opinion is
not relevant or is otherwise not a
proper question, be entitled to
examine any witness either in person
or by counsel, solicitor or agent that is
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to say—
(i) any inspector;
(ii) any relation of the person in
respect of whose death the
inquest is being held;
(iii) the occupier of the place of
employment in which the
accident or disease occurred or
was contracted;
(iv) the employer of the deceased;
(v) any person appointed by the
order in writing of the majority
of the persons employed in the
place of employment in which
the accident or disease occurred
or was contracted;
(vi) any person appointed in
writing by any trade union,
friendly society or other
association of persons to which
the deceased at the time of his
death belonged or to which any
person employed in the place
of employment in which the
accident or disease occurred or
was contracted belongs;
(vii) any association of employers of
which the said employer is a
member.
(3) Where at any such inquest at which the
Authority is not present evidence of any neglect as having
caused or contributed to the accident or disease, or of any
defect in or about the place of employment appearing to the
coroner to require a remedy, the coroner shall send to the
Authority notice in writing of the neglect or defect.

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c 4:03

Power of
Minister to
direct formal
investigation of
accidents and
cases of
occupational
disease.
(4) The provisions of this section shall be in
addition to and not in derogation of, the provisions of the
Coroners Act.
72. (1) The Minister may, where he considers it
expedient so to do, direct a formal investigation to be held
into any accident arising out of and in the course of
employment of any worker or case of occupational disease
contracted or suspected to have been contracted in the course
of employment of any worker and of its causes and
circumstances, and with respect to any such investigation the
following provisions shall have effect—
(a) the Minister may appoint a competent
person to hold the investigation and
may appoint any person possessing
legal or special knowledge to act as an
assessor in holding the investigation;
(b) the person or persons so appointed
(hereafter in this section referred to as
“the court”) shall hold the
investigation in open court in such
manner and under such conditions as
the court may think most effectual for
ascertaining the causes and
circumstances of the accident or case
of occupational disease, and for
enabling the court to make the report
in this section mentioned;
(c) the court shall have for the purposes
of the investigation all the powers of a
court of summary jurisdiction under
the Summary Jurisdiction Acts and, in
addition power—
(i) to enter and inspect or to
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authorise any person to inspect
any place or building the entry
or inspection whereof appears
to the court requisite for the
said purpose;
(ii) by summons signed by the
court to require the attendance
of all such persons as it thinks
fit to call before it and examine
for the said purposes, and to
require answers or returns to
such inquiry as it thinks fit to
make;
(iii) to require the production of all
books, papers, and documents
which it considers relevant;
(iv) to administer an oath and
require any person examined to
make and sign a declaration of
the truth of the statements
made by him in his
examination;
(d) persons attending as witnesses before
the court shall be allowed such
expenses as would be allowed to
witnesses attending before the High
Court in its civil jurisdiction, and in
the case of dispute as to the amount to
be allowed the same shall be referred
by the court to the Registrar of the
Supreme Court, who on request
signed by the court shall ascertain and
certify the proper amount of the
expenses;
(e) the court shall make a report to the
Minister stating the cause and
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circumstances of the accident or case
of occupational disease and adding
any observations which the court
thinks right to make;
(f) the court may require the expenses
incurred in and about an
investigation under this section
(including the remuneration of any
persons to act as assessors) to be paid
in whole or part by any person
summoned before it who appears to
the court to be, by reason of any act or
default of his part or on the part of
any servant or agent of him,
responsible in any degree for the
occurrence of the accident or case of
occupational disease, but any such
expenses not required to be so paid
shall be deemed to be part of the
expenses of the Authority in the
administration of this Part;
(g) if any person without reasonable
excuse (proof whereof shall lie on
him) either fails, after having had the
expenses (if any) to which he is
entitled tendered to him, to comply
with any summons or requisition of a
court holding an investigation under
this section, or prevents or impedes
the court in the execution of its duty,
he shall be liable on summary
conviction to a fine of five thousand
dollars and in the case of a failure to
comply with a requisition for making
any return or producing any
document he shall be liable on
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Application to
Government,
etc.

summary conviction to a fine of five
hundred dollars for every day on
which such failure continues;
(h) the expenses of the Authority in the
execution of the provisions of this
section shall be defrayed out of
monies provided by Parliament;
(i) if any witness objects to answer any
question or to produce any document
on the ground that it may tend to
incriminate him, or on any other
lawful ground, he shall not be
required to answer such question or
to produce such document nor shall
he be liable to any penalty in respect
of such refusal.
(2) The Minister may cause the report of the court
to be made public at such time and in such manner as he
thinks fit.
73. Without prejudice to the generality of the
application of this Part, it is hereby declared that this Part
shall apply in the case of accidents, occupational disease, or
disease prescribed in regulations made under section 70,
occurring to persons employed by or under –
(a) any department of Government other
than members of the Guyana Police
Force or of the Guyana Defence Force;
(b) such persons or class of persons (not
being members of the Guyana Police
Force or the Guyana Defence Force)
or employed by or under any
department of Government as may be
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Accidents,
explosions etc.,
at an industrial
establishment.


Power of
Minister to
make
regulations.
specified by order of the Minister,
and in such cases notice to be given under this Act by the
employer shall be given by such person as the head of the
department of Government shall by written instructions
direct.
74. Where any notification is not required under
section 69 and 70 and an accident, premature or unexpected
explosion, fire, flood or inrush of water, failure of any
equipment, machine, device, article, cave-in, subsidence,
rockburst, or other incident as prescribed occurs at an
industrial establishment, notice in writing of the occurrence
shall be given to the Authority and to the committee, safety
and health representative or trade union, if any, by the
employer at such industrial establishment within two days of
the occurrence containing such information and particulars as
are prescribed.
PART VIII REGULATIONS
75. (1) Subject to negative resolution of the National
Assembly, the Minister may from time to time make
regulations—
(a) prohibiting the employment of, or
modifying or limiting the period of
employment of, all persons or any
class of persons in connection with
any manufacture, machinery, plant,
process or description of labour
certified by the Authority, by notice
published in the Gazette, to be
dangerous;
(b) prohibiting, limiting or controlling the
use of any material or process;
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(c) modifying or extending any special
provision for any class of industrial
establishments contained in this Act;
(d) for the purpose of ensuring the health
or safety of persons who are
employed in any industrial
establishment or in connection with
machinery or with any employment
within the meaning of paragraph (a);
and
(e) generally for giving effect to the
purposes of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, any such regulations
may provide for—
A. (a) the safe means of approach or access
to, and exit from, any industrial
establishment, or machinery;
(b) the fencing and covering of all
dangerous places or machines;
(c) life saving and first aid appliances
and first aid services to be provided
by employers;
(d) securing safety in connection with all
operations carried on in an industrial
establishment;
(e) securing safety in connection with the
use of cranes, winches, pulley-blocks,
and of all engines, machinery,
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mechanical gear and contrivances
generally whatsoever;
(f) the periodic inspection, testing and
classification, according to age, type
or condition, of boilers, and for the
issue and display of certificates in
connection therewith, and for the
regulating of the type of safety valves
to be fixed to any boiler and the
maximum pressure at which boilers
of any age, type, class, or condition
may be operated;
(g) amending the duties and
responsibilities assignable to any
person under Part V of this Act;
(h) the proper ventilation of any
industrial establishment, having
regard to the nature of the process
carried on therein;
(i) the sanitation, including the provision
of lavatory accommodation and
sanitary conveniences (having regard
to the number of workers employed)
at any industrial establishment;
(j) the fees to be paid for the inspection
or examination of any industrial
establishment or class of industrial
establishment and any machinery
therein;
(k) the forms and certificates to be used
under this Act;

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(l) the records and registers to be
maintained for the purposes of this
Act;
(m) the lifting or moving of loads by any
woman or young person;
(n) the appointment, powers, duties, and
fees of medical inspectors;
(o) the medical supervision of workers;
(p) the prescribing of occupations for the
purposes of section 13;
(q) the contents of notices required to be
displayed under this Act;
(r) defining any word or expression used
in this Act or the regulations that is
not defined in this Act;
(s) designating or defining any industry
workplace, employer or class of
workplaces or employers for the
purposes of this Act, or the
regulations or any provision thereof;
(t) exempting any workplace, industry,
activity, business, work, trade,
occupation, profession, employer or
any class thereof from the application
of a regulation or any provision
thereof;
(u) limiting or restricting the application
of a regulation or any provision
thereof to any workplace, industry,
activity, business, work, trade,
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occupation, profession, employer or
any class thereof;
(v) exempting an employer from the
requirements of section 63(l) (a) or (b)
with respect to a hazardous chemical;
(w) any matter or article that is required
or permitted to be regulated or
prescribed under this Act;
(x) any matter or article, where a
provision of this Act requires that the
matter or article be done, used or
carried out or provided as prescribed;
(y) any matter or article, where it is a
condition precedent that a regulation
be made prescribing the matter or
article before this Act or a provision of
this Act has any effect;
(z) the fees other than those referred to in
paragraphs (j) and (u) and the
payment or refund of fees;
(B) (a) the classes of workplace for which
and circumstances under which a
committee shall consist of more than
six persons and in each case
prescribing the number of persons;
(b) the employer of workplaces or classes
thereof for the purposes of section 23
(1)(b);
(c) exempting any workplace, industry,
activity, business, work, trade,
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occupation, profession, employer or
any class thereof from the application
of section 23(2);
(d) the conditions for eligibility,
qualifications, selection and terms of
committee members, and the
operation of the committee;
(e) regulating or prohibiting the
installation or use of any machine,
device or article or any class thereof;
(f) requiring that any equipment,
machine, device, or article used bear
the seal of approval of an
organization designated by the
regulations to test and approve the
equipment, machine, device, or article
and designating organizations for
such purposes;
(g) the classes of employers who shall
establish and maintain a medical
surveillance program in which
workers may volunteer to participate;
(h) medical surveillance programmes ;
(i) the reporting by physicians and
others of workers affected by any
chemical, physical agent, or biological
agent or combination thereof;
(j) regulating or prohibiting atmospheric
conditions to which any worker may
be exposed in a workplace:

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(k) the methods, standards or procedures
for determining the amount,
concentration or level of any
atmospheric condition or any
chemical, physical agent, or biological
agent or combination thereof in a
workplace;
(l) any chemical, physical agent, or
biological agent or combination
thereof as a critical substance;
(m) prohibiting, regulating, restricting,
limiting or controlling the handling
of, exposure to, or the use and
disposal of any critical substance;
(n) adopting by reference, in whole or in
part, with such changes as the
Minister, considers necessary, any
code or standard and requiring
compliance with any code or standard
that is so adopted;
(o) adopting by reference any criteria or
guide in relation to the exposure of a
worker to any chemical, physical
agent, or biological agent or
combination thereof;
(p) enabling the Authority by notice in
writing to designate that any part of a
construction site shall be an
individual construction site for the
purposes of this Act and the
regulations and prescribing to whom
notice shall be given;

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(q) permitting the Minister to approve
laboratories for the purpose of
carrying out and performing
sampling, analyses, tests and
examinations, and requiring that
sampling, analyses, examinations and
tests be carried out and performed by
a laboratory approved by the
Minister;
(r) the registration of employers of
workers,
(s) the establishment, equipment,
operation and maintenance of mine
rescue stations. as the Minister may
direct, and for the payment of the cost
thereof and the recovery of such cost
from the mining industry;
(t) the training programmes that
employers shall provide;
(u) the floor plans for the purposes of
section 61(7);
(v) the forms and notices and providing
for their use under this Act;
(w) building standards for industrial
establishments;
(x) the name or description of any
chemical as a hazardous chemical,
any biological agent as a hazardous
biological agent, and any physical
agent as a hazardous physical agent;

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(y) prohibiting an employer from altering
a label on a hazardous chemical in
prescribed circumstances;
(z) the criteria to be used by the
Commissioner to determine whether
information is confidential business
information in an application under
section 67(1);
(C) (a) requiring an employer to disclose to
such persons as may be prescribed the
source of toxicological data used by
the employer to prepare a chemical
safety data sheet;
(b) the format and contents of a chemical
safety data sheet;
(c) the intervals at which a safety and
health representative or a committee
member designated under section
23(18) shall inspect all or part of a
workplace;
(d) the medical examinations and tests
that a worker is required to undergo
to ensure that the worker’s health will
not affect his ability to perform his job
in a manner that might endanger
others in keeping with section
47(1)(a);
(e) carrying into effect the provisions of
Part VII and declaring certain diseases
to be occupational disease for the
purposes of this Art;

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Penalty for
breach of
regulations.

Liability of
employers,
owners,
directors and
others.
(f) any provision with respect to the
payment of any fixed fine in order to
discharge any liability to conviction
for the purpose of section 30(12);
(g) the threshold quantity of a given
hazardous substance or category of
substances which, if exceeded,
identifies a major hazard installation;
(h) provision with respect to the levy to
defray expenses of administering this
Act for the purposes of section 39;
(i) all other matters which the Minister
may consider to be in anyway
incidental to, connected with or
conducive to the discharge of the
provisions of this Act.
(3) No young person shall be employed in a
factory otherwise than in accordance with regulations made
under this section.
76. (1) There may be annexed to the breach of any
regulation made under this Act such penalty not exceeding
fifty thousand dollars as may be prescribed, and such penalty
may be sued for and recovered under the Summary
Jurisdiction Acts.
PART IX OFFENCES, PENALTIES AND PROCEDURE
77. (1) Notwithstanding anything contained in this
Act, where an employer or an occupier or an owner of
premises to which this Act applies contravenes this Act or any
regulation made thereunder, the employer, occupier, owner
or competent person, as the case may be commits an offence if
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Special
provisions as to
evidence.
it is proved that he failed to take reasonable steps to prevent
the contravention.
(2) In a prosecution of an offence under any
provision of this Act, any act or neglect on the part of any
manager, agent, representative, officer, director or supervisor
of the accused, whether a body corporate or not, shall be the
act or neglect of the act or neglect of the accused.
(3) Where an offence under any provision of this
Act or the regulations committed by a body corporate is
proved to be committed with the consent or connivance of, or
to have been attributable to any neglect on the part of, any
director, manager, secretary or other officer of the body
corporate or a person who was purporting to act in such
capacity, he as well as the body corporate shall be guilty of
that offence and shall be liable to be proceeded against and
punished accordingly.
78. (1) Any person who is found in an industrial
establishment at any time at which work is going on or the
machinery is in motion, except during the intervals for meals
or rest, shall, until the contrary is proved be deemed for the
purposes of this Act to have been then employed in the
industrial establishment:
Provided that this subsection shall not apply to an
industrial establishment in which the only persons employed
are members of the same family dwelling there.
(2) Where, in any proceedings under this Act with
respect to a person under or over a specified age, it appears
to the court that such person is apparently under or over such
age, it shall lie on the defendant to prove that the person is
not under, or not over, the specified age, as the case may be.
(3) Where any entry is required by this Act to be
made in the general register or in any other register or record,
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the entry made by the occupier of an industrial establishment
or on his behalf shall, as against him, be admissible as
evidence of the facts therein stated, and the fact that any entry
with respect to the observance of any provision of this Act has
not been made, shall be admissible as evidence that that
provision has not been observed.
(4) In any proceeding or prosecution under this
Act—
(a) a copy of an order or decision
purporting to have been made under
this Act or the regulations and
purporting to have been signed by
the Minister, Commissioner, Chief
Occupational Safety and Health
Officer or an Inspector;
(b) a document purporting to be a copy
of a notice, certificate, drawing, record
or other document, or any extract
therefor given or made under this Act
or the regulations and purporting to
be certified by an inspector:
(c) a document purporting to certify the
result of a test or an analysis of a
sample of air and setting forth the
concentration or amount of a
chemical, physical agent, or biological
agent in a workplace or part thereof
and purporting to be certified by an
inspector; or
(d) a document purporting to certify the
result of a test or an analysis of any
equipment, machine, device, article or
substance and purporting to be
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Offences.
certified by an inspector,
shall be evidence of the order, decision, writing or document,
and the facts, appearing in the order, decision, writing or
document without proof of the signature or official character
of the person appearing to have signed the order or the
certificate and without further proof.
(5) In any proceeding or prosecution under this
Act, a copy of an order or decision purporting to have been
made under this Act or the regulations, and purporting to
have been signed by the Minister, Commissioner, Chief
Occupational Safety and Health Officer or an inspector may
be served—
(a) personally in the case of an individual
or in case of a partnership upon a
partner, and in the case of a body
corporate, upon the president, vice-
president, secretary, treasurer or a
director, or upon the manager or
person in charge of the workplace; or
(b) by registered letter addressed to any
of the persons mentioned in
paragraph (a) at the last known place
of business of the person, partnership
or body corporate, as the case may be,
and the same shall be deemed to be good and sufficient
service thereof.
79. (1) Any person who—
(a) being the owner or occupier, or
manager of an industrial
establishment fails within the time
limited by section 7 to make
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application to the Authority for
registration of such industrial
establishment; or
(b) fails to give notice to the Authority as
required by section 7(6); or
(c) fails to furnish the Authority within a
reasonable time with the information
required by him under section 7; or
(d) being the owner, occupier or the
manager of an industrial
establishment contravenes or fails to
comply with section 8; or
(e) obstructs the Authority or inspector in
the execution of his powers, duties or
functions under this Act; or
(f) is the occupier of an industrial
establishment in which an obstruction
under paragraph (e) takes place,
shall be liable on summary conviction to a fine of twenty-five
thousand dollars.
(2) Any person who—
(a) wilfully delays the Authority or
inspector in the exercise of any power
under section 13; or
(b) fails to comply with any requirement
of the Authority or an inspector in
pursuance of section 13; or
(c) fails to produce any register,
certificate, notice or document which
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he is required by or in pursuance of
this Act to produce; or
(d) wilfully withholds any information as
to who is an occupier of an industrial
establishment, or as to who is the
employer in the case of a prescribed
occupation; or
(e) conceals or prevents, or attempts to
conceal or prevent, a person from
appearing before or being examined
by the Authority or an inspector,
shall be deemed to obstruct the Authority or an inspector in
the execution of his duties under this Act.
(3) Any person who—
(a) obstructs a medical inspector in the
exercise of his powers under section
16;
(b) being the occupier of an industrial
establishment, contravenes or fails to
comply with any requirement of a
notice under section 17;
(c) being the occupier of an industrial
establishment, contravenes or fails to
comply with any requirement of a
notice under section 40; or
(d) contravenes section 41 (1); or
(e) contravenes or fails to comply with
any requirement of a notice under
section 41(2); or
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(f) contravenes or fails to comply with
any of the provisions of section 42; or
(g) being the occupier of an industrial
establishment, contravenes or fails to
comply with any of the provisions of
section 84; or
(h) being the occupier of an industrial
establishment fails to comply with
any requirement of the Authority
under section 85; or
(i) being the occupier of an industrial
establishment fails to comply with
any of the provisions of section 86,
shall be liable on summary conviction to a fine of twenty-five
thousand dollars, and in the case of continuing offence shall
be liable to a fine of one thousand dollars for every day upon
which such offence continues after conviction.
(4) Subject to subsection (5) and (6), any person
who by any act or omission contravenes or fails to comply
with—
(a) a provision of this Act or the
regulations;
(b) an order or requirement of an
inspector or the authority; or
(c) an order of the Minister or the
Commissioner,
shall, unless a penalty is otherwise specifically provided, be
liable to a fine of not less than ten thousand dollars nor more
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Special rules as
to making of
complaints for
offences.
[22 of 2009]
than fifty thousand dollars and to imprisonment for a term of
not more than twelve months.
(5) If a body corporate is convicted of an offence
under subsection (1), the maximum fine that may be imposed
upon the body corporate shall be five hundred thousand
dollars.
(6) If an inspector or any of the other persons
referred to in section 36(l) (a) is convicted of an offence
involving a contravention of section 36 (1) (a), the fine that
may be imposed on such inspector or other person shall be
not less than fifteen thousand dollars nor more than fifty
thousand dollars.
(7) On a prosecution for a failure to comply with—
(a) section 45 (1);
(b) section 46(l) (b), (c) or (d): or
(c) section 48 (1).
it shall be a defence for the accused to prove that every
precaution reasonable in the circumstances was taken.
(8) The payment of any fixed fine required under
section 30(12) for contravention of any provision of this Act or
the regulations shall have no bearing on the force of this Part.
80. (1) The Permanent Secretary or the Chief
Occupational Safety and Health Officer may institute or cause
to be instituted prosecution for the purpose of enforcing any
of the provisions of this Act or the regulations and any
inspector may appear as prosecutor for and on behalf of the
Permanent Secretary or the Chief Occupational Safety and
Health Officer, as the case may be.

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Power of court
to order cause
of
contravention
to be remedied.

Proceedings
against persons
other than
occupiers.
(2) All complaints under this Act may be heard
and determined and all offences and penalties may be
prosecuted and enforced in the manner provided by the
Summary Jurisdiction Acts.
(3) No prosecution under this Act shall be
instituted except by or with the previous sanction of the
Authority.
(4) Any proceeding under this Act or the
regulations may be taken in a magistrate’s court of the
district in which the offence or breach is alleged to have been
committed or of the district in which the accused is resident
or carries on business although the subject-matter of the
proceeding did not arise in that district.
(5) Subject to section 83, no prosecution under this
Act shall be instituted more than one year after the last act or
default upon which the prosecution is based occurred.
81. Where the occupier of an industrial establishment
is convicted of an offence under this Act the court may, in
addition to or in substitution for a penalty, order him to take
within the time specified in the order, such steps as may be
therein specified for remedying the matters in respect of
which the contravention occurred and may, on application,
enlarge the time so specified, and where such an order is
made, the occupier shall not be liable under this Act in respect
of the continuation of the contravention during the time
allowed by the court, but if, after the expiration of that time
is originally specified or enlarged by subsequent order, the
order is not complied with, the occupier shall be liable to a
fine of five thousand dollars for each day on which the
noncompliance continues.
82. Where under this Act any person is substituted for
the occupier with respect to any provision of this Act, any
order, summons, notice or proceeding which for the purpose
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Power to make
a complaint at
any time for an
offence under
Part II.

Display of
notices.


Power of the
Authority to
require returns.

General
register.
of any of those provisions is by or under this Act required or
authorised to be served on or taken in relation to the occupier,
is hereby required or authorised (as the case may be) to be
served on or taken in relation to that person.
83. A complaint may be made for an offence under
Part II although more than one year has elapsed since the date
on which the offence is alleged to have been committed.
PART X MISCELLANEOUS
84. (1) There shall be displayed in every industrial
establishment a notice containing such abstract of this Act and
the regulations made thereunder, as may be prescribed.
(2) All notices required under this Act, to be
displayed in an industrial establishment shall be displayed
where they can be conveniently read by the persons
employed in the industrial establishment, at some
conspicuous place at or near the main entrance to the
industrial establishment and shall be maintained in a clean
and legible condition:
Provided that the Authority may direct that all or any of
the aforesaid documents shall be posted in such parts of the
industrial establishment either in addition to or in
substitution for such conspicuous place as aforesaid, as it may
direct.
85. The Authority may require occupiers, or managers
of industrial establishments to submit such returns,
occasional or periodical, as may in its opinion be required for
the purpose of this Act.
86. There shall be kept in every industrial
establishment, or such place outside the industrial
establishment as may be approved by the inspector, a register,
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Enforcement by
Local Sanitary
Authority of
regulations
made under
this Act.
in the prescribed form, called the general register and there
shall be entered in or attached to that register—
(a) the prescribed particulars as to the
persons employed in the industrial
establishment who have not attained
the age of eighteen;
(b) the prescribed particulars as to the
washing, white washing or odour
washing, painting or varnishing of the
industrial establishment; and
(c) the prescribed particulars as to every
accident and case of industrial disease
occurring in the industrial
establishment of which notice is
required to be sent to an inspector;
and
(d) all reports and particulars as required
by any other provision of this Act to
be entered in or attached to the
general register; and
(e) such other matters as may be
prescribed.
(2) The occupier of an industrial establishment
shall send to an inspector such extracts from the general
register as the inspector may from time to time require for the
purpose of the execution of his duties under this Act.
87. (1) The provisions of regulations made under this
act relating to cleanliness, ventilation, overcrowding, lighting,
drinking water, washing facilities and sanitary conveniences
shall be enforced by a Local Sanitary Authority of the district
in which the industrial establishment is situate.

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(2) For the purpose of their duties under this
section a Local Sanitary Authority and its officers shall
without prejudice to their other powers, have all such powers
of entry, inspection, taking legal proceedings, or otherwise, as
the Authority or an inspector has, and accordingly in relation
to their said duties the provisions of this Act as to furnishing
means required by the Authority or an inspector, and
delaying or obstructing the Authority or an inspector, shall be
construed as including references to such officers; but no such
power of entry, inspection or taking legal proceedings shall
be exercised except by officers of the Local Sanitary Authority
authorised by the Authority in writing in that behalf either
generally or specially.
(3) Where the Authority or an inspector finds any
Act or default in relation to any matter in an industrial
establishment which is liable to be dealt with by the Local
Sanitary Authority he shall give notice thereof in writing to
the Sanitary Authority aforesaid and to the Central Board of
Health. It shall be the duty of the Local Sanitary Authority to
make such inquiry into the subject of the notice and take such
action thereon as seems to the Authority proper for the
purpose of enforcing the law and to inform the Authority or
the inspector as the case may be, and the Central Board of
Health of the proceedings taken in consequence of the notice.
(4) If within one month after notice of an act or
default is given by the Authority or an inspector under this
section to a Local Sanitary Authority proceedings are not
taken for remedying or punishing the default or act, the
Central Board of Health, the Authority or the inspector as the
case may be may take proceedings for the remedying or
punishment of the default or act, in accordance with this Act.
(5) The Authority or an inspector shall for the
purpose of his duties under this section have the same powers
in regard to any such matters as he has with respect to other
matters under this Act and he may for that purpose take, like
LAWS OF GUYANA
132 Cap. 99:06 Occupational Safety and Health
L.R.O. 1/2012
Savings.

s. 69(1)
proceedings of enforcing this Act or for remedying or
punishing any default or act as might be taken by the Local
Sanitary Authority.
88. Subsidiary legislation made under any Act
repealed by this Act, shall with any necessary modifications
and subject to the power of the Minister to amend or revoke
them, continue in force as if they were made under section 75
of this Act.
____________________
FIRST SCHEDULE
NOTICE OF ACCIDENT
Accident Register No...............
1. Name of employer ..................................................
2. Address of place where accident happened
..............................................................................................................
..............................................................................................................
3. Nature of occupation† .....................................................
4. Branch or department and exact place where the
accident happened .........................................................................
5. Injured, person’s surname ..….........................................
Other names .....................................................................
Address ..............................................................................
................................................................................................
6. (a) Sex...........................
† “Occupation” includes agriculture, business, commerce, industry and trade.

LAWS OF GUYANA
Occupational Safety and Health Cap. 99:06 133
L.R.O. 1/2012
(b) Age (last birthday) .....................................
(c) Occupation of injured person
.......................................................................................
7. Date and time of accident .................................................
8. (a) Cause or nature or the accident
..............................................................................................................
(b) If caused by machinery—
(i) give name of the machine and part causing
accident............................................................................
(ii) state whether it was worked by mechanical
power at the time ……………….................................
(c) State exactly what injured person was doing at the
time ..................................................................................
9. Nature and extent of injuries (e.g. fatal, loss of finger,
fracture of leg, scalp, scratch followed by sepsis)
..............................................................................................................
10. (a) State whether the accident was fatal or not
..............................................................................................................
(b) If the accident was not fatal, state the estimated
period that the injured person will be unable to earn full
wages at the work at which he was employed at the time of
the accident .....................................................................................
11. Has the accident been entered in the Register?
..............................................................................................................
Date: ....................................................
Signature of Employer or
Agent
................................................................
LAWS OF GUYANA
134 Cap. 99:06 Occupational Safety and Health
L.R.O. 1/2012

s. 69(3)
____________________
SECOND SCHEDULE
NOTICE OF CESSATION OF DISABILITY
(To be submitted when disability ceases)
Accident Register No. …………
Name of employer ……………………………..
Address of place of employment ……………………………
Injured person’s surname…………………………………………
Other names ………………………………………………………..
Date of accident…………………………………………………….
Date when disability ceased ……………………………………...
Actual number of days of disability ……………………………..
Amount of compensation paid …….......………………………...

Signature of Employer or Agent
...........................................
________________________
THIRD SCHEDULE
NOTICE OF OCCUPATIONAL DISEASE
1 Name of employer........................................
2. Address of place of employment ......................
Works
3. Address of office ..............................................
(if work on the place of employment is only
temporary).
4. Nature of industry, occupation, or business
LAWS OF GUYANA
Occupational Safety and Health Cap. 99:06 135
L.R.O. 1/2012
s. 70(3)
………………………………………………….
5. Nature of occupational disease……………….
6. (a) Surname …………………………………
(b) Other names ……………………………

7. Address (permanent) ..............................
Person 8. Temporary address (if any)
affected
9. Sex, and age last birthday. ...............................

10. Precise occupation ...........................................
(avoid (the term “labourer” where
possible).
Date: ...........................................................................
Signature of Employer or Agent
.................................................
____________________